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.
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.
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.