February 2011 Archives

February 24, 2011

Possible Drunk Driver Paralyzes Mother Of Three Children Near Memphis, TN.

 

On November 14th, 2010, Ms. Kim Armstrong's life was changed forever because of a drunk driver who rear-ended her vehicle causing her to be paralyzed from the chest down. Ms. Armstrong is the mother of three children;the other driver has a history of driving while drunk. The accident happened in Marshall County, MS as she was slowing down for a stop sign. The at fault driver came over a hill going about 100 mph and rear-ended Ms. Armstrong with such force that the accident severed her spinal cord. Her doctors said that she will never be able to walk again.2-24-11.jpg

Who can make a claim against whom and why? Ms. Armstrong can make a claim against her own insurance company for uninsured motorist benefits since the other driver did not have any insurance;also, she may be able to make a claim against the bar, package liquor store, or grocery where the drunk driver bought his alcohol. This is called liquor liability or "dram shop" liability. The seller of alcohol may be liable if they sold alcohol to a visibly intoxicated customer. So, if Mr. Woods, bought alcohol from an establishment while he was visibly intoxicated, then that establishment may be liable for contributing to the car accident. Of course, it would have to be an establishment that had insurance in order for Ms. Armstrong to try to collect a settlement from them.

The damages for Ms. Armstrong will be substantial. The cost of future medical treatment could exceed $10,000,000 easily. An MS accident injury lawyer who specializes in these types of cases should be consulted to see whether or not there is a case that can be pursued.

We offer a FREE consultation to anyone who has any questions about a case like this one. Call Paul Snow at 1-800-640-4478 or 601-969-1977. We do not charge any attorney fees up front, but only if we recover for you.

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.

February 7, 2011

Mississippi Injury Lawyer Paul Snow Tells "How To Get Your Car Fixed"

 

How to Get Your Car Fixed

If you were injured in an accident and want us to represent you, we'll take care of getting your car repaired for you, as well as your injury claim.

Question: Can I get a rental car while my car is being repaired?

Answer: Yes. Some companies specialize in providing cars to people whose cars are in the shop. Look for them in the Yellow Pages or feel free to ask us.

Question:
Where do I have to take my car to get it repaired?

Answer:
You decide which body shop you want to repair your car. Naturally, the insurance company may prefer that you go to the shop that gives you the lowest bid. But you have the opportunity to choose any repair shop you wish.

Question: How many estimates do I have to get?

Answer: You do not have to get more than one estimate. You might want to get more than one estimate if you are not sure where you want to have your car repaired. But the law - does not require that you get more than one. If you aren't sure where to take your car, we'll be happy to recommend repair shops that have good reputations.

Question: How much money will I get for my car?

Answer: You will get the amount of money needed to repair your car to the condition it was in immediately before the accident. If the amount of money needed for repairs is greater than the value of your car, the insurance company may declare your car a total loss. Then, rather than fixing your car, the insurance company may pay you what your car was worth based on industry price guidelines, like those found in the NADA Book.

If you have any questions, call Paul Snow at 601-969-1977.