Blog on Personal Injury Accident | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com Thu, 09 Jun 2022 19:28:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://www.lunsfordbaskin.com/wp-content/uploads/2021/08/cropped-Logo-32x32.jpg Blog on Personal Injury Accident | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com 32 32 Car Accidents in Mississippi Included in the 20 Worst States for Fatalities https://www.lunsfordbaskin.com/car-accidents-in-mississippi-included-in-the-20-worst-states-for-fatalities/ Wed, 01 Jun 2022 18:54:28 +0000 https://www.lunsfordbaskin.com/?p=3187 Read More »]]> Fatal car accidents in Mississippi have risen 20% in 2021 compared to 2020. It is thought that the reason for this is because of COVID-19. During the pandemic, drivers became accustomed to less traffic and emptier roads, allowing them to believe they can get away with certain bad habits like distracted driving. 

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.

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Everything You Need to Know About Mississippi Distracted Driving Laws https://www.lunsfordbaskin.com/everything-you-need-to-know-about-mississippi-distracted-driving-laws/ Thu, 12 May 2022 16:58:16 +0000 https://www.lunsfordbaskin.com/?p=3126 Read More »]]> Distracted driving is a major concern across the nation, and Mississippi is no exception. Over 3,000 people were killed due to distracted driving in 2020, and unfortunately, those numbers continue to spike. 

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. 

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How to Establish Proof of a Car Accident After It Happened? https://www.lunsfordbaskin.com/how-to-establish-proof-of-a-car-accident-after-it-happened/ Thu, 14 Apr 2022 13:57:53 +0000 https://www.lunsfordbaskin.com/?p=3033 Read More »]]> https://www.youtube.com/watch?v=lHzcjEd84J4

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.

 

 

Video Transcript
The most effective way to establish proof after an accident that you were not at fault, that the person who hit you as at fault is to call 9 1 1 and have a police officer come out to the scene. The police officer who responds to a motor vehicle accident will prepare a written accident report that includes narrative statements from all the drivers involved and statements from any witnesses who saw the accident.
And that’s going to be your best piece of evidence showing how an accident occurred. Now, insurance companies will talk to their own insureds, the person who is responsible for causing the accident, and they will always try to come up with some reason to blame you either partially, if not totally for causing the accident yourself.
So if you start to feel like an insurance company is blaming you for an accident, it’s time to get a competent lawyer that can help you navigate those liability issues and prove your case that the driver who hit you was responsible for causing your injuries.
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I Have a Pre-existing Condition – How Could it Affect My Personal Injury Claim? https://www.lunsfordbaskin.com/i-have-a-pre-existing-condition-how-could-it-affect-my-personal-injury-claim/ Thu, 10 Mar 2022 16:01:50 +0000 https://www.lunsfordbaskin.com/?p=2829 Read More »]]> https://youtu.be/WWaucy-Yg1Q

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.

 

Video Transcript
Pre-existing injuries, pre-existing medical conditions can affect any personal injury claim. And the reason is that an insurance company is always looking for a way to blame a person’s injury or a person’s pain that the person is alleging is related to an accident… the insurance company is looking for a way to blame that on something unrelated to the accident or something that predates the accident.
So insurance companies will regularly get copies of an injured person’s medical records from the date of an accident. They will often hire doctors to come in and review preexisting medical records, or even examine the injured person in person to try and come up with some argument or some excuse as to why all of the pain problems and injuries that the person is alleging are related to that accident are actually related to something pre-existing or unrelated. So if you have a complex medical history or you have prior injuries, certainly if you’ve been involved in a prior accident or had a prior lawsuit is more important than ever that you have a competent attorney that can review your prior medical history and help you defend yourself against those arguments that the insurance companies routinely make.
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Vocational Rehab and Workplace Injuries https://www.lunsfordbaskin.com/vocational-rehab-and-workplace-injuries/ Wed, 09 Feb 2022 17:32:47 +0000 https://www.lunsfordbaskin.com/?p=2682 Read More »]]> Injured workers in Louisiana are eligible for workers’ compensation, which has many components. You may already be aware of the fact that you are entitled to all costs that are reasonable and necessary to treat your injury and achieve maximum cure.

  • Doctor and hospital bills (including emergency room)
  • Nursing services
  • Medical supplies
  • Prescriptions
  • Physical therapy
  • Rehabilitation services
  • Mileage reimbursement for your travel to and from your medical visits

You may also be aware that your employer is not allowed to fire you simply because you applied for workers’ compensation.

However, you may not be aware of what happens if you aren’t physically able to go back to your old job. There is an entire procedure for this in the state of Louisiana, and it falls under the aegis of Vocational Rehabilitation.

Statute §1226 states that employees with injuries preventing them from earning the same amount as they were before their injuries are entitled to prompt rehabilitation services. These services will be provided by a licensed professional vocational rehabilitation counselor who must comply with a code of professional ethics.

The goal is to return a worker with a disability to work as soon as possible and with a minimum of retraining. These procedures are listed below. If the first option is not possible, then the next option should occur.

If that option isn’t possible, move on to the next one on the list, and so on:

  1. Return to the same position that you had before the accident, injury, or occupational disease.
  2. Return to the same position but with accommodations or modified duties.
  3. Return to a related occupation that fits with your education and marketable skills.
  4. On-the-job training.
  5. A short-term retraining program that lasts less than 26 weeks.
  6. A long-term retraining program that lasts between 26 weeks and a year. (if you wish to voluntarily complete a training program that takes more than a year, you are allowed to.)
  7. Self-employment.
  8. An injured employee must request and begin retraining within two years from the date of the termination of temporary total disability as determined by the treating physician.
  9. The state is not allowed to require you to relocate in order to take up one of these employment options. However, you may have to go to a different location while you are being trained. If this happens, your transportation, board, and lodging will be paid for.
  10. Your employer is responsible for selecting a licensed professional vocational rehabilitation counselor to evaluate and assist you in your job placement or vocational training.
  11. It’s important to understand that you have rights; it’s also important to understand that the process doesn’t always work exactly the way it was designed to. At any point along the process, you have the right to consult an attorney to represent you.
  12. For example, if your employer refuses to provide the vocational rehabilitation services you are entitled to, or in the event of any kind of dispute, you can file a claim with the office to review the need for such services or the quality of the services being provided.
  13. Lunsford, Baskin, & Priebe’s dedicated and professional team has years of experience dealing with workers’ compensation claims in Louisiana; they know what to do if your rights are being neglected.
  14. You have the right to an expedited summary proceeding, which means that the workers’ compensation judge must set a hearing date within 3 days of receiving this motion.
  15. After that, your hearing will be held between 10 and 30 days after your employer receives notice of your motion. (This will be delivered either through certified or registered mail.)
  16. It is also important to know that if you don’t cooperate with the vocational rehabilitation counselor, your weekly compensation benefits could be reduced by 50% for each week you refuse.

The vocational rehabilitation counselor

You may assume that the vocational rehabilitation counselor is working for you, but it doesn’t quite work that way. The counselor is selected by and paid for by your employer’s insurance agency, which means that any bias is not necessarily in your favor. Ultimately, the goal of the insurance company and your employer is to reduce or eliminate your benefits.

What is included in your rehabilitation?

  • The vocational rehabilitation counselor must consult all of your medical records, meet with you face to face, and conduct certain tests to determine your suitability for particular types of employment. For example, your education level, social skills, reading skills, and communication skills will be assessed, among other attributes and interests. This is to determine your transferable skills.
  • The counselor will meet with your physician to determine your capabilities. You must be given 15 days advance notice of this meeting, and you and your attorney are allowed to be present.
  • The counselor will then conduct a job search for suitable positions and meet with employers to make sure that they actually have jobs to offer and are willing to hire.
  • The counselor will help you apply for jobs by working on such things as interview and resume skills.

At the end of the process, your employer’s insurance company can legally reduce or terminate your benefits if certain things are true:

  • You must have received appropriate vocational rehabilitation.
  • An actual job must exist at the time that you received notice about it.
  • The job must fit your physical and mental capabilities.
  • The job must offer an appropriate wage, considering your experience, education, and skill set.
  • The position must be available in your geographic location.

Notice that there is no proviso saying that you must be hired before your benefits are terminated. It is possible for you to not get a job – and also to lose your benefits.

The Louisiana workers’ compensation process is well-intentioned and often works to provide benefits and solutions that satisfy all concerned parties. However, because some of the law is murky and inherently biased against you and because you will be going up against agencies with multiple attorneys of their own (all working to improve their profits), you would be well advised to seek representation for yourself. This is not an easy process to navigate alone.

Knowing what the law requires is one thing; standing up to the insurance carrier when they deny your claim or cut off your benefits prematurely is another. At Lunsford, Baskin, & Priebe, our professional, dedicated team has years of experience practicing exclusively in the area of workers’ compensation law. We’ll take on the task of making sure you get your benefits promptly and fully paid, including appealing claim denials if necessary. We will make sure that your vocational rehabilitation operates the way it is supposed to and that you receive the services you are entitled to.

For help with a Louisiana workers’ compensation claim or denial, call the New Orleans workers’ compensation lawyers of Lunsford, Baskin, & Priebe, PLLC for a free consultation at 504-788-2994.

 

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How Construction Workers Can Avoid OSHA’s Fatal Four Injuries https://www.lunsfordbaskin.com/how-construction-workers-can-avoid-oshas-fatal-four-injuries/ Fri, 04 Feb 2022 13:56:09 +0000 https://www.lunsfordbaskin.com/?p=2642 Read More »]]> Construction is considered one of the topmost dangerous industries to work in. Every day, construction workers put their lives at risk by performing dangerous tasks and exposing themselves to hazardous situations. For this reason, the Occupational Safety & Health Administration (OHSA) has highlighted the four most fatal hazards and developed a construction Focus Four Training program to help prevent and reduce the number of incidents that occur every year.

However, despite safety standards and training, accidents can still happen. If you are injured in a construction accident, contact the experts at Lunsford, Baskin, and Priebe, PLLC., for help with your Mississippi or Louisiana workers’ compensation claim.

What are the Fatal Four Construction Hazards and Injuries?

1. Falls

Injuries that result from falls are the most commonly reported type of injury in workers’ compensation cases, especially for construction workers. Fall hazards are considered anything that can cause you to lose balance or stability, which then results in the body slipping or tripping and falling. OSHA lists the three most common causes of falls in construction as 1) Unprotected roof edges, roof and floor openings, and leading edges, 2) Improper scaffolding construction, and 3) Unsafe portable ladders.

2. Electrocution

Electrocution injuries occur when a worker comes into contact with high levels of electricity. Examples include contact with power lines, exposed wires, and defective electrical tools and equipment. Electrical hazards can cause burns, electrocution, shock, fires, explosions, and flashes or blasts of electrical energy.

3. Struck-By Incidents

OSHA defines struck-by incidents as those that produce injuries caused by “forcible contact or impact between the injured person and an object or piece of equipment.” In other words, it involves a worker getting hit or struck by an object or piece of equipment. Struck-by hazards can include getting hit by a flying, falling, swinging, or rolling object.

4. Caught-In or -Between Incidents

Caught-in or -between accidents happen when a worker gets injured from being stuck, caught, or crushed between objects or pieces of equipment. Common examples of these types of incidents include getting caught or pulled into machinery, building or other structure cave-ins, and being compressed or crushed between moving objects.

How to Prevent and Avoid These Fatal Four Hazards

Workers and employers should take the preventive measures listed below to prevent fatal injuries from occurring as a result of the top four construction hazards. However, keep in mind that workers’ compensation is a no-fault system. This means you are eligible to receive benefits without needing to prove fault. So whether you as the injured worker or your employer failed to take precautionary measures, you are still eligible to apply for benefits.

Preventing Falls:

Workers can protect themselves from falls by:

  • Using fall protection equipment such as guardrails, safety nets, and anchor and body harness systems.
  • Staying alert and focused when using ladders or scaffolding.
  • Paying attention to training on the use of ladders and scaffolding.

Employers can protect their workers from falls by:

  • Providing proper fall protection gear, equipment, and guard rails or safety nets.
  • Ensuring workers are using ladders and scaffolding safely.
  • Ensuring the condition and construction of scaffolding and ladders.
  • Providing adequate training.

Preventing Electrocution:

Workers can protect themselves from electrocution by:

  • Keeping a safe distance from power lines.
  • Inspecting tools and cords for damage before use.
  • Using ground-fault circuit interrupters.
  • Following lockout or tagout procedures.

Employers can protect their workers from electrocution by:

  • Ensuring safe distances from power lines are maintained.
  • Supplying gear to prevent electrocution and shock.
  • Ensuring work zones are grounded.
  • Ensuring all electrical tools and equipment are in good condition.
  • Providing adequate training.

Preventing Struck-By Incidents:

Workers can protect themselves from struck-by incidents by:

  • Paying close attention when using heavy equipment, machinery, and tools.
  • Being mindful of your surroundings and other workers.
  • Following general workplace safety practices.
  • Wearing proper protective gear.

Employers can protect their workers from struck-by incidents by:

  • Managing worksites and ensuring workers are using equipment, tools, and machinery safely.
  • Ensuring workers are following safety protocols.
  • Providing adequate training and personal protective equipment.

Preventing Caught-In or -Between Incidents:

Workers can protect themselves from by:

  • Only using machinery and equipment that has proper guards.
  • Remaining alert and aware of dangerous objects or machinery in their surroundings.
  • Ensuring objects, machinery, and equipment are properly supported and secured.
  • Avoiding situations where they could get pinned or trapped.
  • Wearing protective gear.

Employers can protect their workers from caught-in or -between incidents by:

  • Supervising worksites and ensuring objects, equipment, and machinery are supported, secured, and have proper safety guards.
  • Supervising workers to ensure they are being safe and not putting themselves at risk of being pinned, crushed, or trapped.
  • Providing personal protective equipment.
  • Ensuring structures are properly supported and will not collapse.
  • Providing adequate training.

Connect with an Experienced Mississippi or Louisiana Workers’ Compensation Attorney

Construction sites can be dangerous and full of hazards. Both workers and employers should take necessary precautions and measures to prevent fatal accidents. However, if an injury does occur, it’s important to get the help you need to ensure you receive the benefits you deserve.

If you have questions or concerns about your case, contact the experienced Mississippi and Louisiana workers’ compensation attorneys at Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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Car Accidents At Work: Your Rights Under Workers’ Comp https://www.lunsfordbaskin.com/car-accidents-at-work-your-rights-under-workers-comp/ Tue, 01 Feb 2022 11:56:27 +0000 https://www.lunsfordbaskin.com/?p=2607 Read More »]]> If you drive a vehicle for work, you may have questions about your rights regarding workers’ compensation if an accident occurs. Generally, workers’ compensation is a no-fault system that allows workers injured on the job to receive benefits for their medical expenses and loss of income. However, there can be concerns about whether or not an accident is considered work-related if the accident happens while driving for work off of company property.

Understandably, this situation can be confusing as there are various scenarios and circumstances that could occur and leave room for doubt. If you ever have any questions or concerns about your eligibility to receive workers’ compensation, contact a local Mississippi or Louisiana attorney for help. They can review your case and offer you guidance to ensure you get the benefits you deserve.

Determining If a Car Accident Is Work-Related

When you are involved in a car accident while working, your case will be reviewed by the workers’ compensation insurance carrier to determine if the accident was genuinely work-related. They will evaluate each claim on a case-by-case basis, looking into various factors to determine if your injuries can be determined as work-related.

Generally, most workers will be eligible for benefits if the accident occurred while they were acting within the scope of their employment. These acts include:

  • Driving from one work site to another
  • Making deliveries
  • Running errands specifically for your boss/employer or other work-related errands
  • Driving your employer or someone else as part of your job
  • Any other driving that you do while completing a work task or assignment that was asked of you

What If I Deviated From My Work Tasks While Driving?

If you deviate from your work tasks while driving, and the accident occurs while you deviated, you will likely not be covered by workers’ compensation. Deviations can include:

  • Running personal errands
  • Driving while on a break
  • Driving while commuting to and from work (unless the employer already considers this as part of the job and pays you for it)

What If I Was Driving My Personal Car For Work?

Whether you are driving a company vehicle or your personal car, you should still be eligible to receive workers’ compensation so long as you were driving while acting within the scope of your employment as specified above. If you are on the clock, getting paid, and actively performing a work-related task or assignment, you should still receive benefits even if you drive your own vehicle.

What Will Be Covered By Workers’ Compensation If I Am Involved in a Work-Related Car Accident?

Workers’ compensation only covers medical expenses and loss of wages. If you sustain other damages, such as car damage, you will not receive coverage for those through a workers’ compensation claim. Workers’ compensation case managers are very meticulous about asking questions to ensure they only give you the benefits you deserve for the cost of medical treatments and wages you miss out on while recovering.

If you need compensation for other damages, you will need to look into filing a personal injury claim against the driver who hit you and caused the accident. Damages covered by personal injury claims can include car damage, other personal property damage, pain and suffering, emotional distress, and more, in addition to medical expenses and loss of wages.

Connect with an Experienced Mississippi and Louisiana Workers’ Compensation Attorney

Car accidents can be challenging enough as it is, let alone when it’s work-related. It’s understandable if you have questions or concerns about a car accident that occurred while on the job. It’s important to understand your rights to ensure you get the benefits you deserve.

For a free consultation with an experienced workers’ compensation lawyer in Mississippi or Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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Your Rights As a Passenger in a Car Accident https://www.lunsfordbaskin.com/your-rights-as-a-passenger-in-a-car-accident/ Mon, 31 Jan 2022 11:41:35 +0000 https://www.lunsfordbaskin.com/?p=2604 Read More »]]> If you find yourself the victim of a car accident as a passenger, you may have questions or concerns about your options regarding compensation. It’s important for you to understand your rights as a passenger to ensure you get the compensation you deserve. Drivers are not the only ones that are eligible to file a claim after a car accident occurs.

If you are injured as a passenger, contact your local Mississippi car accident attorney for help. An attorney can review your individual case and advise you on the best course of action.

Driver’s Owe Passengers a Duty of Care

Drivers in the state of Mississippi owe others a duty of care when they are operating their vehicle—this includes other drivers, as well as passengers and anyone else that could be harmed by their negligent actions. If a driver fails to uphold their duty and causes an accident, you as a passenger have a right to file a claim for compensation if you were injured and suffered damages.

Potential Liable Parties:

When an accident occurs, there are a couple of different parties that could be held liable that you may file a claim against.

  • The driver of the vehicle you were a passenger in
  • The driver of another vehicle that caused the accident
  • The owner of the vehicle that caused the accident

Mississippi Pure Comparative Fault

It’s important to note that Mississippi is a pure comparative fault state. This means that you may file a claim against the guilty parties, but if you are found to have played any part in the accident, the compensation you receive will be reduced based on your percentage of fault. For example, if you did something that caused the driver of the vehicle you were in to get into an accident, you may also be held partially liable.

How Do I Get Compensation as a Passenger After a Car Accident?

Mississippi is also an at-fault state. This is important because it will affect how you will receive compensation. In a no-fault state, passengers could get coverage for their injuries through their own insurance with personal injury protection coverage. However, this is not an option in Mississippi.

In an at-fault state, the guilty parties are the ones responsible for covering damages, such as injuries, vehicle damage, loss of income, emotional distress, etc. When you seek compensation, you will file a personal injury claim against the at-fault party, and their insurance carrier will cover the damages up to their policy limit. If the compensation is not enough to cover all of your damages as a passenger, such as your medical expenses, you may pursue additional compensation by filing a personal injury lawsuit.

All drivers in Mississippi are required to carry liability coverage through their auto insurance. This coverage is what will pay for your injuries and other damages when you file a claim against them. The minimum coverage required is:

  • $25,000 for bodily injury or death of one person in an accident.
  • $50,000 for total bodily injury or death in an accident.
  • $25,000 for property damage per accident.

These are only the minimum requirements. It is possible that the guilty party could carry more than the minimum, which could mean their policy will cover all of your expenses. Again, however, if the amount of coverage is not enough, you may pursue additional compensation by filing a lawsuit against the guilty parties.

Connect with an Experienced Mississippi Personal Injury Attorney

If you are injured in an accident as a passenger, our team of experienced personal injury attorneys can help you file a claim and get the compensation you deserve. You have a right to pursue legal action against all guilty parties. If their insurance policies are not enough to cover your damages, we can help you file a lawsuit for additional compensation.

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

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Common Injuries Truck Drivers Experience https://www.lunsfordbaskin.com/common-injuries-truck-drivers-experience/ Thu, 27 Jan 2022 16:10:48 +0000 https://www.lunsfordbaskin.com/?p=2588 Read More »]]> The freight industry is one of the largest industries in America. Every year, the trucking industry specifically brings in billions of dollars of revenue. For this reason, many individuals take up trucking as a career to boost their income potential.

However, the life of a truck driver is not always easy. Aside from countless hours spent sitting behind the wheel, it is also strenuous work to load and unload cargo—and driving a large commercial vehicle is quite dangerous and can lead to tragic traffic accidents. Due to these conditions, it is common for truck drivers to sustain numerous types of injuries.

Unfortunately, not all truck drivers are eligible for workers’ compensation to cover the cost of injury-related medical expenses and wages that they miss out on while recovering. Workers’ comp coverage depends on what type of worker you are considered, such as an employee or an independent contractor.

If you have questions about workers’ compensation eligibility, you should consult with a local attorney in your area. Workers’ compensation benefits and coverage can vary from state to state. A local Mississippi or Louisiana workers’ comp attorney can help you review your individual policy to determine if you are eligible to file a claim.

Filing for Workers’ Compensation as a Truck Driver

Again, workers’ compensation coverage will typically depend on what type of worker you are. Generally, employers with a certain number of employees must provide workers’ compensation benefits for their drivers in Mississippi and Louisiana. So, if you drive as an official employee for a trucking company, it is likely that you are covered.

However, if you are an independent contractor or an owner-operator, you would likely not be covered under any workers’ compensation policy. If you are a fleet owner yourself, you may be required to pay for a workers’ compensation insurance policy depending on how many drivers you have under your employ.

It’s also important to note that even if you are an official employee, it is not uncommon for employers to misclassify their drivers to avoid paying for a workers’ compensation insurance policy. If you have any concerns or questions about coverage, get in touch with a worker’s compensation attorney.

What Are The Most Common Injuries Truck Drivers Sustain?

Workers’ compensation claims are prevalent in the trucking industry due to the nature of this type of work. The type of injuries that are sustained can also vary significantly from one situation to the next. However, if you are eligible for compensation, you should be able to receive benefits no matter what type of injury you sustain, so long as it is a result of work performed on the job.

Below are some of the more common injuries seen reported on workers’ compensation claims. But again, the injuries can vary depending on the individual circumstances. If an accident were to occur while driving, for example, the injuries can be more severe than what is listed below. Traffic accidents involving large trucks are known to cause serious injuries, such as head and brain trauma, lacerations, internal damage, and more.

1. Back Strain

Back strains are prevalent in truck drivers because of all the sitting, as well as loading and unloading cargo. Sitting for hours puts a lot of stress on the lower back and hips, which can easily lead to a back strain or sprain. If proper support gear is not worn or heavy cargo is not lifted correctly, you can also strain or throw out your back while dealing with shipments.

2. Carpal Tunnel and Tendinitis

Having your hands and arms in one positing for an extended period, such as holding onto a steering wheel, can also lead to tendinitis and carpal tunnel syndrome. Carpal tunnel and tendinitis can affect many areas of the body, but it is most commonly seen in the fingers, hands, wrists, and elbows of truck drivers.

3. Repetitive Stress and Strain Injuries

Other areas of the body can become strained when you perform the same motions over and over again for your job, which is common in the trucking industry. Overexertion or overuse of a muscle or part of the body can lead to a strain, especially if you don’t take proper care of your body and stretch after sitting for long periods of time behind the wheel.

5. Broken Bones

Fractures or broken bones are also common injuries for truck drivers who deal with heavy and dangerous cargo. If safety precautions are not adhered to, cargo can fall or come loose while you are loading or unloading at a dock. Or, you could slip and fall, which can cause a bone to fracture or break. Broken bones also happen often when traffic accidents occur.

Connect with an Experienced Mississippi and Louisiana Workers’ Compensation Attorney

If you are injured on the job, whether it is the result of an accident or a repetitive stress injury from sitting behind the wheel for long hours, you may be eligible to receive workers’ compensation benefits. These benefits can cover medical expenses and a portion of your wages that you may miss out on while recovering from your injury.

Unfortunately, not all truck drivers are covered under a workers’ compensation policy, so it’s important to talk to your employer or with an experienced attorney to determine your eligibility. If your employer denies your benefits, but you believe you are eligible, contact an attorney right away.

For a free consultation with an experienced workers’ compensation lawyer in Mississippi or Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

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Most Dangerous Intersections and Roads in Mississippi https://www.lunsfordbaskin.com/most-dangerous-intersections-and-roads-in-mississippi/ Mon, 24 Jan 2022 14:50:05 +0000 https://www.lunsfordbaskin.com/?p=2565 Read More »]]> Although there are many reasons to love living in Mississippi, dangerous roads are not one of them. Unfortunately, Mississippi is the deadliest state for drivers. Statistically, Mississippi has the highest traffic fatality rate in the nation. There are an estimated 22.9 traffic fatalities for every 100,000 Mississippians.

The news site Mississippi Today stated that Mississippi residents have a higher likelihood of engaging in unsafe driving behaviors than residents of other states. Some of these behaviors include driving without a seatbelt, speeding, texting at the wheel, and driving under the influence of alcohol.

You need to ensure that you drive as safely as possible to protect yourself and others on the road, and there are certain intersections and roads where you should drive extra carefully.

Factors Increasing Road and Intersection Dangers in Mississippi

Many different contributing factors can make a road or intersection incredibly dangerous for drivers and their passengers.

One major problem on many Mississippi roads is maintenance. Some roads contain debris and potholes that can cause or contribute to serious accidents. The debris or pothole could puncture your tire or make you lose control over your vehicle. Additionally, drivers often take dangerous sudden maneuvers to avoid road debris and potholes. They might enter the wrong lane in an attempt to evade hazards and cause a serious head-on collision as a result.

Work zones and construction areas are also often highly dangerous if drivers don’t operate their vehicles with caution. These roads may contain uneven lanes as well as construction equipment and workers. You need to drive slowly when entering a construction zone to ensure your safety and the safety of workers who may be present.

Drivers can find it challenging to correctly navigate multi-directional intersections, which leads to collisions. Sometimes these intersections include signage that may confuse drivers, causing them to enter an intersection when it’s not their turn and cause an accident.

Some areas of Mississippi also struggle with traffic signal outages, which can be highly dangerous. Many drivers are unaware of how to navigate an intersection safely when traffic signals are down. When the signals are out at an intersection, you’re supposed to treat it like a stop sign, so you need to pay attention to the order in which vehicles approach the intersection.

What Are the Deadliest Roads in Mississippi?

There are many deadly roads across Mississippi. The following roads have a high fatality rate:

  • I-10: Around 80 deaths occur on this interstate every year, and the interstate even has a death rate of .7 deaths per mile. The majority of traffic accidents that occur on I-10 happen in Jackson County.
  • I-20: Interstate 20 features twisty and narrow sections. Additionally, visibility is limited because of vegetation. It has .57 deaths per mile.
  • I-55: This interstate passes through many rural and urban areas, and many commercial vehicles take it. Unfortunately, it also features many drunk drivers and dangerous bridges.
  • I-59: Interstate 59 mainly passes through rural areas. It has a death rate of .47 per mile, and it’s especially dangerous around mile marker 96, where there’s a deadly S-curve.
  • US-61: This highway has around twelve road fatalities per year.

What Are the Most Dangerous Intersections in Mississippi?

The State Farm Danger Index indicates that these are the most dangerous intersections in Mississippi:

  • Airways Boulevard and Goodman Road: 85 accidents have occurred at this Southaven intersection. Accidents often result from drivers speeding and tailgating, leading to rear-end accidents at the intersection.
  • S. Highway 49 and Community Road: This Gulfport intersection has had around 70 crashes. Many of the accidents occurred because of errors when drivers turned left, and some of the accidents were caused by drunk drivers.
  • S. Highway 49 and Creosote Road: This intersection features many nearby distractions, such as gas stations, hotels, and other places to stop. Almost 100 vehicles have crashed at this intersection in Gulfport, and many were caused by negligent drivers running red lights.
  • S. Highway 51 and Goodman Road: Around 200 accidents have occurred at this Horn Lakes intersection, many of which resulted from drivers failing to yield when turning right.
  • S. Highway 98 and Westover Drive: This Hattiesburg intersection contains numerous lanes, leading to driver confusion. Drivers often cause accidents when changing lanes. Around 70 drivers have wrecked at this intersection.

Contact a Mississippi Car Accident Lawyer

If you are injured in a car accident on one of Mississippi’s dangerous roads or intersections, you could suffer from serious injuries, resulting in costly medical bills. You may need to also take time away from work in order to recover. In the event that you suffer from an accident caused by another driver’s negligence, you shouldn’t have to pay for your expensive medical treatments and lost wages.

With proper legal support, you can hold the negligent driver accountable and recover compensation for vehicle damages, medical bills, lost wages, pain and suffering, emotional trauma, and more. For an expert Mississippi car accident lawyer, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys have years of experience assisting injured Mississippians with their claims. Call our Jackson office at 601-488-3975, or schedule a free case evaluation here.

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