Recently in 18 Wheeler Accident Category

December 15, 2014

Hancock County, Mississippi 18 Wheeler Crash Kills Four

 

A tractor-trailer slammed into eleven cars which were stopped on I-10 near the Louisiana state line killing four people and injuring a number of others. The accident started when the trailer attached to a pick-up truck overturned causing computers to be thrown all over the interstate. An 18 wheeler crashed into the cars and all the vehicles. Four 18 wheelers and six cars were involved. Some were so damaged that you could not determine the make or model of the vehicle.18 wheeler1.jpg
Killed in the accident were: Randall Wager, Ariana Wager, from Lucedale, MS and Brandon Estes of Slidell and Ryan Deforest of Lacombe.

The families of those killed in the accident have claims for wrongful death under MS law. These claims include: loss of society and companionship, loss of earnings, pain and suffering, medical and funeral bills, etc. If you know of someone who has a family member who was killed in an accident, you can call Paul Snow 601-969-1977, a MS accident injury lawyer who handles these type of cases. Call now for a free consultation or contact us online here. We represent people who have been involved in accidents for years in Hinds, Madison, Rankin, Copiah, Warren, and Jackson counties AND also in Jackson, Biloxi, Brandon, Brookhaven, Canton, Clarksdale, Clinton, Columbus, Flowood, Greenwood, Greenville, Gulfport, Hazelhurst, Hattiesburg, Laurel, Madison, McComb,
Meridian, Natchez, Olive Branch, Oxford, Pascagoula, Pearl, Ridgeland, Southaven, Starkville, Tupelo and Vicksburg. We also represent clients from Louisiana.

April 16, 2013

18 WHEELER BRAKES CATCH ON FIRE CAUSING TWO ACCIDENTS

 

An 18 wheeler stopped on I-59 because his brakes caught on fire which caused two other 18 wheelers to collide near Purvis and Lumberton MS. The accident happened near midnight which requires that the disabled 18 wheeler place flares and reflectors near his vehicle to warn others who are lawfully using the interstate. Brakes do not usually catch on fire all of a sudden. There are usually warning signs that there is a problem way before the bearing gets so hot to actually catch on fire.

The injured other truck drivers have a claim against the first 18 wheeler company for being illegally stopped in the interstate without the required warnings.

I handled a case exactly like this many moons ago. The truck driver pulled onto the shoulder of the road and then tried to put out the fire by throwing dirt on his tire and bearings. My client who was also driving an 18 wheeler rear-ended the disabled 18 wheeler which was partially in the highway. The jury voted for our client and awarded substantial damages even though we were the one who did the rear-ending.

If you know of someone who was injured or killed as a result of someone who was negligent by leaving any part of their vehicle on the highway, give me a call to discuss your claim FREE of charge. We do not charge any attorney fees unless we recover money for you. Call now at 601-969-1977 or contact online by clicking here.

March 21, 2013

HOW TO COLLECT PUNITIVE DAMAGES IN AN 18 WHEELER CASE

 

If a set of facts are enough to justify a jury in a criminal case (with proof required "beyond a reasonable doubt") to convict someone for culpable manslaughter, then those same set of facts are enough to justify a jury in a civil case (with a lesser burden of proof) to consider the issue of gross negligence. Gross negligence requires less proof than culpable negligence and reckless driving. Turner. 735 So.2d 226 (Miss. 1999).
Section 97-3-47 of Miss. Code of 1972 states as follows:

"Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter."
Culpable negligence means negligence of a higher degree than gross negligence in a civil case. If a defendant is guilty of culpable negligence in a criminal case, then that defendant will also be guilty of gross negligence in the civil courts. Culpable negligence is "the conscious or reckless disregard of the probabilities of fatal consequences to others as a result of the willful creation of an unreasonable risk." Evans v. State, 562 So.2d 91 (Miss. 1990). Culpable negligence is also defined as "negligence of a degree that is so gross as to be tantamount to a wanton disregard, or utter indifference to, the safety of human life." Clayton v. State. 652 So.2d 720 (Miss. 1995).
Moore v. State. 117 So.2d469 (Miss. 1960) (defendant's conviction for culpable negligence was affirmed for going 55 miles per hour in a 30 miles per hour zone). In Moore, the victim was crossing the street. The court held that the defendant could have seen the deceased and should have seen the deceased in time to apply his brakes; that he skidded 140 feet, hit a telephone pole and lost control of his vehicle; that the physical facts and the greater weight of the evidence contradicted the defendant's testimony. The Supreme Court defined "culpable negligence" as follows: "Negligence of a higher degree than that which in civil cases is held to be gross negligence." In other words, in order to sustain the jury deciding the issue of punitive damages as a result of gross negligence in a civil case, all one needs to do is prove more than simple negligence but less than culpable negligence.
Shows v. State, 168 So. 862 (Miss. 1936) (defendant convicted of culpable negligence for sideswiping another truck who was going over the speed limit and crossed over the center line -reversed because of improper jury instruction). The defendant was driving a big truck and after the impact he concluded that no damage had been done and proceeded on to his destination in Hattiesburg where he was arrested.
Goldman v. State, 406 So.2d 816 (Miss. 1981) (conviction for culpable negligence affirmed for defendant who was going 60 miles per hour, crossed over the double yellow line in a no passing zone, and hit somebody head-on coming from the opposite direction).
Section 63-3-1201 of Miss. Code of 1972 states as follows:

"Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety or persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving."

In the case of Turner v. City of Ruleville. 735 So.2d 226 (Miss. 1999), the
Mississippi Supreme Court reversed the dismissal of a complaint against the city for the actions of its police officer in allowing a drunk driver to continue driving after being stopped after the officer noticed that the defendant was driving in an erratic fashion and failed to have his headlights on. In reversing the case and allowing the jury to decide whether or not the city was liable for punitive damages, the Supreme Court held as follows citing Barnes v. State. 162 So.2d 865, 866 (Miss.
1964):The court held that for the purpose of the reckless driving statute, 'reckless means 'the commission of conscious acts or omissions which a driver knows or should know create an unreasonable risk of injury or damage...'." The Court also stated: "For conduct to be 'reckless' it must be such as to evince disregard of, or indifference to, consequences, or the circumstances involving danger to life or safety to others, although no harm was intended'." The Court defined "reckless disregard of rights of others" as follows: "...as used in automobile law, means the voluntary doing by motorists of an improper or wrongful act, or with knowledge of existing conditions, a voluntary refraining from doing a proper or prudent act when such act or failure to act evinces an entire abandonment of any care, and heedless indifference to results which may follow and the reckless taking of a chance of an accident happening without intent that any occur." Id. at 229.
The Mississippi Supreme Court held as follows, citing Dame v. Estes, 101 So.2d 644,645 (Miss. 1958), which defined gross negligence as: "Gross negligence is that course of conduct which disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them."
The defendants argued that intent was required in order to make the city liable. The Court held: "While we agree that reckless disregard would encompass gross negligence, we hold that reckless disregard is a higher standard than gross negligence." Id. at 229-30. In refusing to require that the plaintiff prove that the defendant intended to do harm, the Supreme Court quoted Evans v. Trader. 614 So.2d 955, 958 (Miss. 1993), which held that in order to defeat an immunity defense under the common law, the plaintiff would not have to show that the officer entertained a specific intent. It would suffice to show that the officer acted with wanton and reckless disregard for the plaintiffs safety.
The Mississippi Supreme Court has held that "punitive damages are ordinarily recoverable where the negligence is so gross as to indicate reckless or wanton disregard for the safety of others." City of Jackson v. Perry,764 So 2d 373 (MS 2000) (57 mph in 35 mph zone knocking vehicle 75 feet; punitive damages affirmed), Also see Maye v. Pearl River County. 758 So.2d 391, 395 (MS 1999) (backing sheriffs car out of parking space up an incline; punitive damages affirmed).

Punitive damages may be recovered, not only for willful and intentional wrong, but for such gross and reckless negligence as is equivalent to such wrong, since an act done in the spirit of wantonness and recklessness is often times just as harmful as if prompted by malice. Bush v. Watkins. 80 So.2d 19 (Miss. 1955). The definition of gross negligence is found in Teche Lines. Inc. v. Pope, 166 So. 539 (Miss. 1936), which held that there is no precise definition of gross negligence, but it might be defined as that course of conduct which, under the particular circumstances, disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them. Also see Reid v. Halpin, 178 So. 88 (Miss. 1938); Planters Wholesale Grocery v. Kincaid. 50 So.2d 578 (Miss. 195n: Belk v. Rosemond. 57 So.2d461 (Miss. 1952); and Dame v. Estes, 101 So.2d644 (Miss. 1958).
Under the doctrine of respondeat superior, the master is liable for the acts of his servants which are done in the course of their employment and in the furtherance of the master's business; punitive damages may be awarded against a master for the negligent acts of his servant. Sandifer Oil Co. v. Dew, 71 So.2d 752 (Miss. 1954). Employer held liable for willful and wanton acts resulting in injury to boy whom driver of truck had invited to ride thereon. Trico Coffee Co. v. Clemens. 151 So. 175 (Miss. 1933).
The most important case on the issue is U.S. Industries. Inc. v. McClure Furniture Co.. 371 So.2d 391 (Miss. 1979). In U.S. Industries, the Mississippi Supreme Court held as follows: "We have to keep in mind that the basic theory is whether or not there was sufficient evidence for the jury to award punitive damages even though the evidence might be conflicting. It is not the court's prerogative to make the award. It is only for the court to decide whether or not the party requesting a punitive damage instruction has presented sufficient evidence for the jury's consideration. Yazoo & Mississippi Valley R.R. Co. v. Hardie. 55 So.42 (Miss. 1911); Snowden v. Osborne. 269 So.2d 858 (Miss. 1972)." Id. at 393.
In affirming the award of punitive damages, the Mississippi Supreme Court held as follows:"The evidence was uncontradicted that Mississippi Highway 550 is a well-traveled road, that the tractor-trailer completely blocked both lanes of traffic and that this occurred prior to sunrise which was at 6:50 on the morning of the accident, and that visibility was at best limited. Prudence would have required Jones to have moved his rig on to the shoulder of the road either to await full daylight or to place the necessary flares, or to have continued in his own lane until he found an appropriate intersection for completing the maneuver. Instead, Jones risked the possibility of collision against the possibility of completing the dangerous turn within the few moments when the road appeared to be clear of traffic. He exercised bad judgment under the circumstances." (emphasis added)Id. at 393-94.
The U.S. Industries court also cited the Fifth Circuit Mississippi case of Anderson v. Eagle Motor Lines, Inc., 423 F.2d 81 (5th Cir. 1970) for allowing the punitive damage instruction to go to the jury. The Fifth Circuit affirmed the award of punitive damages and held that the blocking of the highway was gross negligence entitling the plaintiff to a punitive damage instruction.
Also see Commodore Corp. v. Bailey. 393 So.2d 467 (Miss. 1981), whereby the Mississippi Supreme Court in affirming the punitive damage instruction held as follows:
"If the evidence presented by the party requesting a punitive damage instruction is such that the jury could find that the wrongful acts complained of resulted from such gross disregard of the rights of the complaining party as amounts to wilfulness on the part of the wrongdoer, or that the opposite party was guilty of such negligence as to amount to a reckless disregard of the complaining party's rights, then the court is fully authorized to submit the issue of punitive damages for the jury's deliberation. Fowler Butane Gas Co. v. Varner, 141 So.2d 226 (Miss. 1962)."Id. at 471.

See Paracelsus Healthcare Corp. v. Willard, 754 So.2d 437 (Miss. 1999), whereby the Supreme Court previously remanded two cases for consideration of punitive damages and then affirmed the jury awards of 1.5 million dollars to each plaintiff for punitive damages and held that the evidence supported the finding that the jury could find the actions to be in gross disregard for the rights of the plaintiffs.
Punitive damages are defined as damages given in enhancement of ordinary damages on account of the wanton, reckless, malicious, or oppressive character of the acts complained of. Interstate Oil Pipeline Co. v. Valentine. 110 So.2d 369 (Miss. 1959).
In Sandifer Oil Co. v. Dew. 71 So.2d 752,758 (Miss. 1954), the Mississippi Supreme Court affirmed the lower court decision allowing the jury to consider punitive damages for a truck driver who left his truck pumping gasoline into a storage tank and went across the street to a restaurant and drank a cup of coffee. When someone alerted the truck driver that the gas was overflowing, the truck driver turned off the switch and stopped the motor and the pump. A few minutes later there was an explosion. In affirming the punitive damages award, the Supreme Court held that: "It was difficult to conceive of a case of more reckless and wanton disregard of the consequences of his act. His negligence was gross, it was reckless, and it was wanton to such extent as to be tantamount to wilfulness...those who handle such dangerous agencies should be made to know the standard of care which is required of them. It is regrettable that such a tragic occurrence is necessary to again bring such knowledge to those engaged in such business." Id. at 758-759. "It is interesting to note and we concur in opinion that the ($90,000) ninety thousand dollar verdict in 1954 was the highest verdict in the country for the death of a child at that time."
Dame v. Estes. 101 So.2d 644 (Miss. 1958) (question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury when the defendant failed to stop at a stop sign.) In Dame, the Supreme Court reversed the lower court's decision in refusing to allow the jury to consider punitive damages and held that the facts justified a punitive damages instruction and reversed for a new trial on damages only. The facts of the case were that the witnesses estimated the speed of the defendant to be 50 miles per hour. The defendant said she was going 30-35 miles per hour. The speed limit was 30 miles per hour. The Mississippi Supreme Court held that the defendant either ignored or failed to see the stop sign which was staring her in the face and made no effort to stop at the intersection or to even check the speed of the vehicle she was behind. It was in broad open daylight, there was nothing to obstruct her vision and she wholly failed to see the plaintiff s pickup truck until it was directly in front of her. We think under this case that the question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury. The Court cited Hadad v. Lockeby. 169 So. 691 (Miss. 1936) for the definition of punitive damages as follows: "Punitive damages may be recovered not only for a willful and intentional wrong, but for such gross and reckless neglect as is equivalent to such a wrong, since an act done in the spirit of wantonness and recklessness is oftentimes just as harmful as if prompted by malice." The Court also cited Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936), for the definition of gross negligence: "Gross negligence is that course of conduct which, under the particular circumstances, discloses a reckless indifference to consequences without the exertion of any substantial effort to avoid them." The Court then cited Wilson v. State. 161 So. 744 (Miss. 1930), wherein the Supreme Court affirmed a manslaughter conviction, for culpable negligence, upon facts in which the negligence is no more culpable than in the case now before us. Id at 645.
Also see, Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936) (bus driver who failed to attempt to stop his bus until 10 feet from railroad crossing, held grossly negligent).The facts in this case are that the bus driver was driving his bus which was 30 feet long, weighed 10 tons, and had a 39 passenger seating capacity; the bus driver was traveling 25 miles per hour and approached the railroad crossing. The bus driver failed to stop until he was about 10 feet from the crossing, resulting in a disastrous collision and serious and permanent injuries to plaintiff who was a passenger on the bus.
Hadad v. Lockeby, 169 So. 691 (Miss. 1936) (award of punitive damages is affirmed for defendant driving 35-40 miles per hour in a 20 miles per hour speed zone without sounding his horn or giving any warning of his approach; he saw some pedestrians and struck them anyway). The defendant had three eyewitnesses who testified that the defendant sounded his horn and slowed his speed. The Mississippi Supreme Court held that the defendant was driving his car at an excessive rate of speed, that he saw the plaintiff crossing the road and failed to slow his speed or sound his horn or give any warning until the accident. These facts if true constitute gross negligence on the part of the defendant. It is interesting to note the words of wisdom offered by the Hadad Supreme Court: "These machines upon the highways are extremely dangerous to others using the highways. The lives and limbs of persons should be safeguarded, and something should be done to reduce accidents to a minimum." Id. at 694.
Southland Broadcasting Co. v. Tracy, 50 So.2d 572 (Miss. 1951) (jury authorized in finding that driver's negligence was so wanton and reckless as to justify the infliction of punitive damages for speeding, failing to negotiate a turn, leaving the highway, and traveling approximately 720 feet after leaving the highway.)
Collins v. Black. 380 So.2d 241 (Miss. 1980) (Supreme Court reinstated jury verdict for punitive damages against defendant who was driving at an unreasonable rate of speed, on the wrong side of the road, and failed to stop after the collision.) The conduct of a driver of a vehicle in failing to stop after the accident when taken in connection with all the circumstances may authorize a finding of a lack of care, conscious indifference to the consequences, and aggravating circumstances authorizing the recovery of punitive damages.
So if you have a question about your 18 wheeler or other accident case which may justify punitive damages, give me a call or email me. 601-969-1977 paulsnowiii@msn.com paul snow.jpg


March 5, 2013

JURY INSTRUCTIONS FOR THE PLAINTIFF'S LAWYER

 

I have just updated my home page to include jury instructions for all aspects of a plaintiff's trial practice. If you have any interest in using any of these instructions, fell free to download and/or copy. They are located under "referring attorney resources". If it doesn't open,you may need to try a different browser.

Call me if you have any questions about your particular case.paul snow.jpg

April 23, 2012

Coahoma County Circuit Judge Charles Webster Rules That Mississippi Tort Reform Limits On Jury Verdicts Are Unconstitutional

 

Circuit Judge Charles Webster has ruled that the limits on jury verdicts are unconstitutional because the legislature has no authority to interfere with the judicial branch of the government as found in our MS Constitution. american flag.jpg

A copy of the opinion can be viewed by clicking on the link here.

God bless Judge Webster and God bless our great state of Mississippi and its fine citizens!paul snow.jpg

March 27, 2012

Tractor-Trailer Truck Crosses Center- Line And Causes Head-On Accident In Union County, MS

 

An 18 wheeler tractor-trailer truck crossed over the center line and hit a pickup truck head-on injuring both the driver, Charles Beard of Myrtle, MS and his passenger who was airlifted to a hospital in Memphis, TN. The accident happened on hwy. 15 in Union County, MS.

The MHP said the truck driver was going too fast and couldn't stop in time,so he chose to go into the other lane causing the wreck.

The two people who were injured in the accident can make a claim against the 18 wheelers insurance company for the injuries that they received in the accident which include: past and future pain and suffering, past and future medical bills, past and future lost income, permanent injuries, and possibly punitive damages. A Mississippi accident/injury attorney should be consulted.paul snow.jpg

Our law office represents clients all over Mississippi including Union County, Hinds, Madison, Rankin, Warren, Marion, and the cities of Jackson, Gulfport, Biloxi, Hattiesburg, Tupelo, Ingomar,Myrtle and Southaven, MS. We handle injury and accident cases on a contingent fee basis which means that you only pay for our services if we collect money for you. Please call Paul Snow now to discuss your case FREE of charge at 601-969-1977 or contact us online.

December 13, 2011

18 Wheeler Overturns Killing One On Highway 49 Ramp In Pearl,Rankin County, MS

 

An 18 wheeler turned over on top of a car on the highway 49 ramp in pearl, rankin county, ms last week crushing a car in which cynthia trest was in resulting in her death;she was from bay springs, ms;three other people who were in the car were injured and taken to the university medical center in jackson, ms.18 wheeler.jpg

MDOT stated that the interstate 20 may be closed for hours. Accident reconstructionists are trying to figure out exactly why the big truck turned over on top of the car.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
first, the family of cynthia trest may be able to make a claim for wrongful death damages which include: pain and suffering,medical and funeral bills, lost income, and loss of society and companionship of the family. These claims can be made against the 18 wheeler's insurance company who probably have at least $1,000,000 of insurance coverage (most big truck companies carry at least this much insurance). Also, a claim may be made for punitive damages against the 18 wheeler company if the proof shows that they made their truckdriver work more than the maximum hours for truckdrivers without taking the required rest breaks, or if he were an incompetent driver, or some other reason that the facts show.

Also, the three injured people in the car may also be able to make a claim against the tractor trailer truck's insurance company for personal injury damages which include: past and future medical bills, past and future lost income, past and future pain and suffering, reduced earning capacity, and permanent injuries. They also may make a claim for punitive damages.

So, who gets what if there is only $1,000,000 of insurance coverage? The short answer is first come first served;thats right;it is possible for the three injured people to exhaust all of the $1,000,000 of insurance coverage leaving nothing to the family of cynthia trest, or vice versa, its possible for the family of cynthia trest to collect all of the $1,000,000 leaving nothing for the three injured passengers in the car.

So what all this means is that it is extremely important to hire an MS accident lawyer as soon as possible to protect your rights before it is too late. We have handled a number of 18 wheeler accident cases to successful conclusion for our clients and their families; just look at our track record and compare it to anyone else's and you will see that we have the knowledge, know how and experience to handle this type of case for you.

Call now for a FREE consultation at 601-969-1977 or contact us online. We represent clients all over MS including: jackson, gulfport, biloxi, hattiesburg, greenville, meridian, tupelo, southaven, vicksburg, pascagoula, columbus,clinton, pearl, starkville, olive branch, clarksdale, ridgeland, natchez, greenwood and laurel, MS. The law offices of Paul Snow handles all types of cases involving serious injury and death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and accidents from defective products.paul snow.jpg

April 5, 2011

Long Beach Woman Killed In 18 Wheeler Accident Near Gulfport, Mississippi

 

A Long Beach woman was killed in an accident involving an 18 wheeler near Gulfport, Mississippi on April 3rd, 2011. The accident involved a multi-car pileup on I-10 East near exit 34. The driver of the Toyota Camry, Morgan Moss of Houston, Texas and his passenger, Lauren Ashley Young, went to New Orleans that night and were returning home when the accidents happened. Ms. Young was pronounced dead at the scene according to the coroner. Five other people were injured and taken to Gulfport Memorial hospital.18 wheeler.jpg

WHO MAY MAKE A CLAIM AGAINST WHOM AND WHY?

The family of Ms. Young may make a claim against the driver of the Toyota if he failed to keep his vehicle under control. Also, if Mr. Moss were intoxicated, then a claim may be made against the bar that served the alcohol to Mr. Moss. This is called "Liquor Liability". The law allows you to make a claim against the alcohol provider if they sold or served alcohol to a visibly intoxicated person if they were 21 years old or older; or anyone under 21 years old whether visibly intoxicated or not. They also may make a claim against their own car insurance company for uninsured/underinsured motorist benefits and medical pay benefits. Uninsured benefits apply if no one had insurance and underinsured benefits apply if there is not enough insurance to pay for all of the damages. Finally, a claim may be made against the 18 wheeler company or the driver of the other car if either of those drivers contributed to the accidents in any way whatsoever. In other words, if a driver's careless driving contributes to an accident just 1%, then their insurance company may be liable for some of the damages.

Mr. Moss may make a claim against any other driver whose negligence contributed to the accident even though he may have been drinking. The other side would have to prove that the alcohol contributed to the accident before it could be admissible at trial. If the jury found that the alcohol did contribute to the accident, then Mr. Moss could still recover some of his damages, but his award would be reduced by the amount of his negligence found by the jury.75579_drunk_driving.jpg

Any other drivers who were injured can make a claim against any driver who they can prove was negligent in the accident which proximately caused damages to them.

As you can see, this is a complex accident and a MS accident attorney with many years of experience should be consulted in this matter.The law offices of Paul Snow represents clients who have suffered serious injuries and the families of people who have lost a loved one in car/truck/motor vehicle accidents all over Mississippi, including Gulfport, Jackson, Biloxi, Hattiesburg, Greenville, Meridian, Tupelo, Southaven, Vicksburg, and Pascagoula. No matter how complex the case is, we are here to serve you. If you need a personal injury attorney, contact Paul Snow by calling 601-969-1977 or 1-800-640-4478 or contact us online.

February 9, 2011

18 Wheeler Crashes Into School Bus Head-On Near Calhoun County, Mississippi

 

The accident occurred at the intersection of Highway 8 and 9 in Calhoun County, Mississippi. Seniors from Ackerman High School were on two buses returning from a field trip to Ole Miss. The driver of the tractor-trailer truck side-swiped the first bus and then hit the second bus head-on, killing three people and severely injuring numerous others. Gary Bailey of Mantachie, MS was driving the truck, Shane Burton, was driving one of the buses, and Steven Moss was driving the other bus. The injured were taken to hospitals in Tupelo and surrounding areas.

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Who may be liable and why?

First, lets discuss the truck driver's liability: if the truck driver crossed-over the center line and sideswiped the first bus, then the truck driver was negligent for hitting the second bus head-on because it was his actions that started the entire sequence of events. But what if the first bus is the one that crossed the center line? The truck driver still may have some fault by failing to keep his big rig under reasonable control after the first sideswipe. All the Plaintiff has to prove is that the truck driver was 1% at fault for contributing to the head-on crash in order to recover damages.

Second, if the first bus is the one who crossed the center line and hit the tractor-trailer, then the driver of the first bus was negligent and his negligence contributed to the second head-on accident. These claims will probably be covered under what is called the Mississippi Tort Claims Act . There are certain procedures that have to be followed in order to make a claim under the MTCA. If they are not followed properly, then the claim may be dismissed forever.

So, who caused this accident? It appears to me that only a jury will be able to figure out who all is liable and what % of fault to assess against each driver after listening to all of the evidence.

The 18 wheeler company probably has at least one million in insurance coverage. The bus driver who is covered by the MTCA has limits on the amount a damages that can be recovered by statute. A Mississippi Accident Lawyer should be consulted to handle this complicated injury/death case. Someone from Mississippi who specializes in 18 wheeler injury and accident cases would be the best.

If you have any questions about anything discussed above, call Paul Snow, 601-969-1977 for a free consultation.

January 27, 2011

Jackson, Mississippi Accident Injury Lawyer Discusses "Do You Need To Hire A Lawyer?"

 

Do I need to hire a Lawyer?

You probably never thought about hiring a Mississippi accident lawyer until an accident or injury completely interrupted your normal life. If you are now experiencing stress and anxiety because you are uncertain about your future, we can help you. We listen to your concerns and quickly identify how the legal system can solve your problems. We then start working on your case immediately.

Discover The Key To Winning Your Case

Many people do not understand the importance of choosing the right lawyer for their case. Simply put, the Mississippi accident lawyer that you choose to represent you can be the difference between you receiving a fair settlement or no settlement at all.

The key to winning your case is really no secret. It is common knowledge that the person with the best attorney most often gets the best result. Just ask athletes, celebrities and the wealthy who always have a top lawyer at their side. The key for you is finding the best attorney for your case.

Avoid The Biggest Mistake By Asking These Questions

Choosing the wrong lawyer is a huge mistake and can be devastating to your case. Many people simply hire the first lawyer they see on television or the lawyer with the biggest phone book advertisement without knowing anything about the ability of the lawyer. Will you make this crucial mistake simply because you do not know the right questions to ask before you choose your attorney?

With such an important decision, you must be equipped with the knowledge and information necessary to make the smartest choice. This means knowing the specific Questions You Must Ask before hiring a lawyer for your case. You should only hire an attorney after getting honest and direct answers to these questions.

Our Vast Experience Gives You the Advantage

We are the smart choice for your case. Our law firm has represented injury victims and their families since 1974. We have successfully obtained jury verdicts in the courtroom and have obtained millions of dollars in settlements for our clients.

When you become our client, your case will be handled with complete integrity and dignity.

It is essential that you choose a lawyer that has handled Mississippi accident cases just like yours and understands exactly what is needed to win your case, especially when the stakes are so high. We have. We utilize the latest technology, the best legal research tools, and work with world renowned experts on our cases. As a result, we have achieved extraordinary results for our clients. Let us do the same for you. Our record of successful settlements and verdicts is well-documented.

Warning: Secret Deadlines Can Destroy Your Case

The legal system can be very confusing and unforgiving. There are strict time limitations for filing your lawsuit and making your claims. If you miss these deadlines, your claims may be lost forever. A delay in hiring a lawyer will affect the outcome of your case. We will start working on your case immediately.

Our Guarantees To You:

When you choose our lawyers to represent you, we GUARANTEE the following:


An experienced trial lawyer is assigned to your case
A complete analysis of your case
Honest and direct answers to all of your questions
Immediate investigation of your case
Immediate preparation and filing of your insurance forms
Immediate action getting your medical bills and lost wages paid
Phone calls returned within one business day

Read why these are important to you

We Answer Your Questions

At the Law Offices of Paul Snow, we give you honest and direct answers to your questions.


What does it cost to speak with Paul Snow?
How can I afford to have the Law Offices of Paul Snow to represent me?
How soon after my accident do I need to hire a lawyer?
Do I really need to hire a lawyer to settle my case?
What type of settlement should I expect?
Will I have to go through a trial in a courtroom?
Who will pay my medical bills?
How can I get paid my lost wages?
How long does it take from start to finish on a case?

To see how we can help make the legal system work for you, simply complete our Free Confidential Consultation Form or call us now so that we can start working on your Mississippi case immediately.paul snow.jpg

LAW OFFICES OF PAUL SNOW, Mississippi Accident Lawyer

1-800-640-4478 or 601-969-1977

July 6, 2010

Jackson, Mississippi Truck Accident Lawyer Talks About Truck Wrecks

 

Trucking Accidents18 wheeler.jpg

If you know of someone who was seriously injured or killed in an 18-wheeler accident, you may want to investigate several 18-wheeler accident attorneys before you make a final decision. Don't be fooled by the TV attorneys. Compare Paul Snow's track record to theirs. A Mississippi accident lawyer who has several years experience in winning multi-million dollar settlements for his/her clients will best represent your interests instead of someone who does divorce work or is a general practitioner. Mississippi accident lawyers should know the rules and regulations unique to trucking accidents pertaining to such subjects as drug and alcohol testing, heavy-duty truck systems, and the transportation of hazardous materials. He/she should also be familiar with the Federal Motor Carrier Safety Regulations:

Speeding
Failure to yield
Tire blow outs
Overloaded trucks
Drunk driving
Fatigued drivers18 wheeler2.jpg

Before speaking with a Mississippi accident lawyer concerning your 18-wheeler accident case, you should familiarize yourself with the background and experience of that attorney. You should ask the law firm how many cases they have tried to successful conclusion and received multi-million dollar verdicts for their clients in trucking accidents.

WARNING! Don't hire an accident lawyer until you know the "8 Costly Mistakes to Avoid When Selecting an Accident Lawyer." If you hire the wrong lawyer, you could lose a lot of money and your case could drag out for months longer than necessary. Do what smart accident victims do. Ask for your FREE copy of my "8 Costly Mistakes to Avoid When Selecting an Accident Lawyer." If you or someone you know has been injured or has been killed as the result of an accident, or if you are having trouble getting the insurance company to pay your claim, you are entitled to know your legal rights. That's why we invite you to call Paul Snow. Paul Snow's track record speaks for itself. Some examples are:

$16,500,000 structured settlement - truck crash
$8,000,000 verdict - wrongful death
$2,450,000 settlement - 18-wheeler accident18 wheeler1.jpg

Residents of Mississippi, Louisiana, Alabama and Tennessee, who have been injured in truck accidents should contact our law firm. It is important that you realize trucking companies act immediately after accidents to assess and limit their liability to the victims involved. Your case may be stronger if you hire a qualified tractor-trailer accident attorney soon after the accident. A Mississippi accident lawyer in the Law Offices of Paul Snow has the experience and resources necessary to handle your case to maximize your recovery and help you fight for your legal rights.

If you do intend to hire Paul Snow to advise you concerning your injuries or death case sustained as a result of a truck accident, you should do so as soon as possible. In Mississippi, the law imposes a statute of limitations which sets the maximum amount of time that legal proceedings can occur after the accident. Once the proceedings are initiated, there is no time limit on settling your claim. Each year at the Law Offices of Paul Snow, people call me to ask me for help that have legitimate cases only to find out that their statute of limitations has run out. It is one of the most difficult things for me to tell them that I cannot help them because they waited too long to call me.

One of the worst decisions individuals can make is to negotiate directly with trucking companies, insurance adjusters, or the trucking company lawyers. Most trucking companies are highly skilled at truck accident investigation and claims. Anything you say or sign may be held against you further down the road. When truck accidents occur, trucking companies often send their own representatives to accident scenes to pressure accident victims when they are most vulnerable. You need someone on your side. Do you know your rights? Large trucking companies have their own investigators and attorneys fighting for them. You need someone on your side, fighting for you.

We have been handling complex trucking injury litigation since 1974. We have obtained many settlements and verdicts worth millions of dollars. Paul Snow is board certified by the National Board of Trial Advocacy,

We get results. If you have any questions about accidents, injuries or your legal rights, let us go to work for you.

If you are a victim of an accident with a commercial truck or tractor-trailer, NOW is the time to contact the Law Offices of Paul Snow to protect your rights. Your choice of a lawyer is important, so choose carefully. Call 1-800-640-4478 now.truck blocking I-20.jpg

December 31, 2009

Jackson, Mississippi Accident/Injury Lawyer Tells "Why I Became A Lawyer"

 


Why I became a Lawyer?

I was in the eighth grade and approximately 13 years old when I decided that I either wanted to become a golf pro or a lawyer. After graduating from high school, I was one of the best golfers in the State of Mississippi and received a golf scholarship to the University of Mississippi (Ole Miss). My freshman year, I became a pledge in one of the fraternities on the Ole Miss Campus among 50 other pledges. After the first semester, only 10 of the 50 pledges made passing grades. 40 of the pledges flunked out of college. Of the 10 pledges that made their grades the first semester, three of us became lawyers, two of us became doctors, and one of us became a flight instructor in the Navy. I knew then that I must have some common sense and hard-working ability to succeed in school. I married my high school sweetheart and went to a local community college for my sophomore year. My junior year, I returned to Ole Miss and graduated with a business degree in May of 1972. Two weeks later, I entered the University of Mississippi School of Law. Because I was paying my own way through law school, my goal was to finish the three year curriculum course in two years and three months. I worked extra jobs during college and knew that I would have to work extra jobs during law school, in addition to obtaining student loans. I took extra courses during the summertime in order to complete law school early. At that time, my income was below the average poverty level for the country. I was married and at that time, had one child, and just did the best I could.

Midway through my law school career, my father became paralyzed and I had to miss one summer of law school to help take care of my father. While I was taking care of my father, I worked for a local law firm as a law clerk and learned valuable experience in how a law firm operated. When I returned to law school, I had a new-found knowledge that assisted me in my classes. Also, while I was in law school, I was the President of the legal fraternity, President of the Lamar Society of International Law, and I drafted legislation which was passed by the Mississippi lawmakers. I graduated law school in December of 1974, which took two years and six months instead of two years and three months. Of the 360 students who started law school when I did, only 80 graduated.

After graduating from law school, I started working for the law firm of Barnett, Montgomery, McClintock & Cunningham. Ross Barnett was an ex-governor of Mississippi. These lawyers were trial lawyers and I received valuable experience learning how to try cases while working for this firm. I tried 10 jury trials by myself my first year out of law school. After a year and a half of working at the law firm, I went out on my own and have been on my own ever since, for the past 34 years. I was the youngest President of the Hinds County Trial Lawyers Association and joined numerous organizations during my career.

I have devoted my career to representing individuals who have been injured or killed in accidents or wronged by big corporations and insurance companies. I represent the little guy against the large businesses and corporations who try to take advantage of the less fortunate. There is nothing more satisfying than taking on one of the biggest corporations in the world and making them answer for the problems they have caused numerous victims. I am proud to be a trial lawyer who represents individuals against corporate America.

When those who have been injured or killed have nowhere else to turn, they turn to me. I believe one of my goals and duties as a human being is to help others. I am always in favor of the underdog. When we walk into the courtroom, there is no other place on this planet where an individual can stand on equal footing with a huge corporate defendant. This is the war that I fight. It is waged at a battlefield on which I gladly stand. My strength is derived from the belief that my God-given talents are given to me for a reason. My goal is to make myself available to those who have been wronged by others' misconduct. It is not a glamorous calling and there is no guaranteed income. My goal is to achieve justice for my clients, working to right wrongs, not hide them, working against the wrongdoers, not for them. At the end of the day, I know that I have given someone without hope a fighting chance.

I have litigated and settled just about any type of accident or injury case that you can think of. I have spoken at seminars and taught other lawyers how to handle accident and injury cases across the country. I have written numerous articles, also teaching other lawyers how to handle these type of cases. A lot of lawyers hire my law firm in order to represent their clients in working-up serious injury and death cases.

If someone asked me what kind of lawyer I am, I say I am a trial lawyer. I believe in America, our form of government, individual freedom, and our American legal system. I represent and help people to protect, enforce and preserve those precious rights and individual freedoms which were so wisely granted by the founding fathers of our great nation. The spark that was ignited in me in 1964 has kept me satisfied for over 34 years of trial practice. I am proud to be an American and I am especially proud to be a trial lawyer.american flag.jpg

One day, we will all be judged for our actions. As far as my actions go as a plaintiff attorney, I look forward to placing them before the ultimate judge. I represent plaintiffs and I would not change that for all the money in the world.

He who shuts his ear to the cry of the poor will also cry himself and not be answered. Proverbs 21:13.

Mississippi Accident Lawyer Paul Snow 601-969-1977.

December 30, 2009

Jackson, Mississippi Accident/Injury Lawyer Explains When You Need A Lawyer-And When You Don't

 


You probably never thought about hiring a Mississippi accident lawyer until an accident or injury completely interrupted your normal life. If you are now experiencing stress and anxiety because you are uncertain about your future, we can help you. We listen to your concerns and quickly identify how the legal system can solve your problems. We then start working on your case immediately.

Discover The Key To Winning Your Case

Many people do not understand the importance of choosing the right lawyer for their case. Simply put, the Mississippi accident lawyer that you choose to represent you can be the difference between you receiving a fair settlement or no settlement at all.

The key to winning your case is really no secret. It is common knowledge that the person with the best attorney most often gets the best result. Just ask athletes, celebrities and the wealthy who always have a top lawyer at their side. The key for you is finding the best attorney for your case.

Avoid The Biggest Mistake By Asking These Questions

Choosing the wrong lawyer is huge mistake and can be devastating to your case. Many people simply hire the first lawyer they see on television or the lawyer with the biggest phone book advertisement without knowing anything about the ability of the lawyer. Will you make this crucial mistake simply because you do not know the right questions to ask before you choose your attorney?

With such an important decision, you must be equipped with the knowledge and information necessary to make the smartest choice. This means knowing the specific Questions You Must Ask before hiring a lawyer for your case. You should only hire an attorney after getting honest and direct answers to these questions.

Our Vast Experience Gives You the Advantage

We are the smart choice for your case. Our law firm has represented injury victims and their families since 1974. We have successfully obtained jury verdicts in the courtroom and have obtained millions of dollars in settlements for our clients.

When you become our client, your case will be handled with complete integrity and dignity.

It is essential that you choose a lawyer that has handled Mississippi accident cases just like yours and understands exactly what is needed to win your case, especially when the stakes are so high. We have. We utilize the latest technology, the best legal research tools, and work with world renowned experts on our cases. As a result, we have achieved extraordinary results for our clients. Let us do the same for you. Our record of successful settlements and verdicts is well-documented.

Warning: Secret Deadlines Can Destroy Your Case

The legal system can be very confusing and unforgiving. There are strict time limitations for filing your lawsuit and making your claims. If you miss these deadlines, your claims may be lost forever. A delay in hiring a lawyer will affect the outcome of your case. We will start working on your case immediately.

Our Guarantees To You:

When you choose our lawyers to represent you, we GUARANTEE the following:


An experienced trial lawyer is assigned to your case
A complete analysis of your case
Honest and direct answers to all of your questions
Immediate investigation of your case
Immediate preparation and filing of your insurance forms
Immediate action getting your medical bills and lost wages paid
Phone calls returned within one business day

We Answer Your Questions

At the Law Offices of Paul Snow, we give you honest and direct answers to your questions:

What does it cost to speak with Paul Snow?

How can I afford to have the Law Offices of Paul Snow to represent me?

How soon after my accident do I need to hire a lawyer?

Do I really need to hire a lawyer to settle my case?

What type of settlement should I expect?

Will I have to go through a trial in a courtroom?

Who will pay my medical bills?

How can I get paid my lost wages?

How long does it take from start to finish on a case?


To see how we can help make the legal system work for you, simply complete our Free Confidential Consultation Form or call us now so that we can start working on your case immediately.

In some instances, you may be able to settle your claim with the insurance company by yourself, without an attorney's help. It's important that you realize you are going up against trained adjusters who probably get praised and promoted for keeping their side's cost down.

Still, you may be able to settle your claim by yourself:

1. When you don't mind gathering all of the information necessary to determine the value of your claim;

2. When you don't mind going to the time and trouble of interviewing necessary witnesses;

3. When you think you have all of the bases covered;

4. When you know the insurance company is not trying to take advantage of you.

If your case is complex, you should consider hiring an attorney. Your accident lawyer can advise you on the proper course of action, tell you your legal rights, tell you what to expect regarding the progress of your case, evaluate your case, negotiate a replacement auto and repairs, negotiate a full and fair settlement of your claim, put an estimated value on your case, and represent your interests aggressively to get you fully compensated for the accident.

Injured victims often share this concern: Will I get more money handling my case myself? Or should I hire an attorney?

As you may know, your attorney usually charges a portion of the amount he recovers for you as his attorney's fee. Fortunately, the amount of money your lawyer recovers is usually much more than you could have recovered on your own. In nearly all cases, your lawyer gets enough money to pay his fee and add money you receive.paul snow.jpg

If you have any questions, call Paul Snow at 601-969-1977 or contact us online for a FREE consultation to discuss your case. DO NOT wait until it is too late to do anything on your case. There are time deadlines that must be met. Call now.

December 29, 2009

Jackson, Mississippi Accident/Injury Lawyer Explains Seven Misconceptions About Injury Cases

 


Seven Misconceptions About Injury Cases

MISCONCEPTION #1: I can settle my case without hiring a lawyer.

If you're happy with the amount of money the insurance company offers for your car - and if you're happy to have your medical bills paid - then you're right. You don't need to hire a lawyer.

Still, it's important that you understand what you're entitled to. In most cases, you are entitled to more than merely payment to cover your medical bills and repairs to your car. That's why I urge you to talk with a lawyer over the telephone before you accept an insurance company's offer.

When you speak with a lawyer, you'll learn that a lawyer can help you in a number of ways. First, he can help you get your car repaired. Second, he can help you get the fair value for your car. Third, he can help you get a fast settlement on your car.

Your lawyer takes the hassle out of dealing with the insurance company. And, in our office, we provide all these services for our clients at NO CHARGE. In other' words, we don't take one penny of the money we collect for damage to your car. Our fee is limited to a percentage of what we recover for your injuries and damages - nothing more.

MISCONCEPTION #2: An attorney requires a down payment to accept your injury claim.

No. In our office, we accept most accident cases for a contingency fee. This means we get paid out of the money we recover for you. If you collect nothing, you pay nothing for our services. To start, you can talk with us for free. And if you hire our services, you pay nothing until your case settles and we recover money for you.

MISCONCEPTION #3: I'll have to go to court to get what my case is worth.

Usually not. Most injury cases are settled before your case goes to court. When the insurance company realizes you and your lawyer are ready and willing to go to court, usually the insurance company starts making reasonable offers for your injury claim. If we don't like the first offer, we make a counteroffer. Then we go back and forth until both sides agree on a certain amount. In most cases, injury claims don't require a court trial.

MISCONCEPTION #4: You have to accept what your lawyer tells you.

Certainly not. Anytime you feel confused - anytime you don't understand what's going on anytime you don't feel right about something - you're entitled to get a second opinion. In the field of medicine, if your doctor suggests major surgery, you know it's wise to get a second opinion. Likewise, anytime you speak with one lawyer, you're perfectly free to confirm his advice by seeking a second opinion from another lawyer. In our office, we offer second opinions without cost or obligation of any kind.

MISCONCEPTION #5: Once you settle your claim, you can get more money in the future if you have additional medical bills.

Not true. Usually, once your claim is settled, it is over forever!

MISCONCEPTION #6: You have only one year to file a lawsuit.

No. You have three years from the date of the accident and, maybe, even longer if you were under 21 years of age at the time. Even so, the evidence you need to prove your case may disappear over time, so the sooner you contact an attorney, the better.

MISCONCEPTION #7: If you are partly at fault for causing the accident, you are not entitled to any money.

No. Both sides may contribute to an accident and you are still entitled to recover money.paul snow.jpg

If you have any questions, call Paul Snow at 601-969-1977 or contact us online for a FREE consultation. DO NOT wait until it is too late to pursue your case. There are time deadlines that will prevent you from pursuing your case if they are not met, so call now.

December 26, 2009

Jackson, Mississippi Accident/Injury Lawyer Suggests 16 Tough Questions To Ask Before You Hire A Lawyer

 


16 Tough Questions to Ask Before You Hire a Lawyer

1. How long have you been practicing in the specific field of accident and injury law?

2. Are you board certified by the National Board of Trial Advocacy?

3. How many cases have you handled that involve injuries like mine?

4. How many jury trials have you tried that involve injuries like mine?

5. How much money have you gotten for persons who have injuries like mine?

6. How many of your articles have been published in the area of accident and injury law?

7. How many seminars have you presented concerning this area of the law?

8. Do you have expert witnesses available who will help in cases with my type of injury?

9. Are you admitted to practice law in more than one state?

10. Are you admitted to practice law before the United States Supreme Court?

11. Do you offer a 24-hour telephone answer-line for injured victims?

12. Will you give an estimated opinion of my case for me without cost or obligation?

13. If I can't come to your office, will you come to my home or office?

14. Will you send me a free Consumer's Guide for Injured Victims?

15. Do you conduct free educational seminars so I can learn more about injury cases?

16. How many multi-million dollar verdicts and/or settlements have you achieved for your clients?paul snow.jpg

If you have any questions, call Paul Snow at 601-969-1977 or contact us online for a FREE consultation. DO NOT wait until it is too late to discuss your case. There are time deadlines that must be met. Once the deadline has passed, your case will be over forever.