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May 10, 2012

Mississippi State Student Killed In Accident Near Starkville, MS

 

A MSU student was killed in a one vehicle accident on May 9th, 2012, at the intersection of Oktoc and Skinner Roads. The Oktibbeha county sheriff's office investigated the accident and found a 1999 Ford Explorer overturned in the woods.Six passengers were injured in the accident, three are in critical condition and were transferred to CCU in Jackson and Tupelo. Treasure K Huffman, a sophomore from Starkville, was killed in the accident. According to the investigation, it appears that alcohol was involved but Ms. Huffman was not under the influence of alcohol.75579_drunk_driving.jpg

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?

Of course, the family of Ms. Huffman can make a claim against the driver of the vehicle and the business who sold the alcohol to any minors;also, anyone who was injured can make the same claim. If a business sells alcohol to a minor and then a wreck happens, then that business may be sued for contributing to the car accident.

There may be limited insurance available, therefore it is important for anyone who wants to make a claim, to contact a Mississippi Accident Attorney as soon as possible. Sometimes the insurance companies pay out on a first come, first served basis. Once the limits are exhausted, then there is no more money to pay out.

Claims can also be made for underinsured and medical pay benefits.

If you would like to discuss your case FREE of charge, call Paul Snow at 601-969-1977 or contact us online. We do not charge a fee unless we recover money for you. Don't wait until it is too late, call now.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

April 4, 2012

Medical Negligence Case Dismissed In Tupelo, Lee County, MS For Failing to Follow The Rules

 

A wrongful death lawsuit was dismissed on 11-8-2010 for failure to timely serve pre-suit notice as required by MS law. The Mississippi Supreme Court affirmed the dismissal on 3-29-12. Jimmy Steven Fowler, Jr. filed his lawsuit on or about 8-4-2009 in circuit court of Lee County, MS at Tupelo for all of the wrongful death beneficiaries as a result of the wrongful death of his father, Jimmy Fowler. The defendants were Dr. John Paul White, Marilyn Lehman,R.N., and The Sanctuary Hospice House. The gist of the complaint was that the hospice discontinued the patients medications and instead placed him on high doses of pain medication and sedatives which caused his death from morphine neurotoxicity.

An interesting part of the case is that the Attorney General's office, medical fraud unit, investigated allegations against this hospice which the family claimed was covered up by the hospice.

From a review of the case, it appears that the attorney handling the case on behalf of the Fowler family committed legal malpractice by not properly following the rules which require 60 days notice before a lawsuit can be filed against medical defendants. Because the lawyer failed to follow the rules, the lawsuit was dismissed before the case even went to trial. His actions constitute legal negligence in my opinion. The case would have proceeded to trial if the lawyer had done his job properly.

The Fowler family was damaged by the actions of their attorney and now have a case against their attorney for legal malpractice. The family will have to prove that the lawyer committed malpractice and then the family will have to prove that they could have proved their case against the medical defendants in order to recover. They can collect whatever damages that would have been obtained in the first lawsuit if it went to trial.

Our law firm represents families who have been damaged by other lawyers negligence. We represent clients all over MS including Tupelo, Gulfport, Meridian, Jackson, Hattiesburg, Greenville and Southaven and counties of Lee, Hinds, Madison, Harrison, Lamar, Desoto, and Warren, MS. If you know of someone who has been damaged by a lawyer and would like to discuss your case, call Paul Snow 601-969-1977 for a FREE consultation or contact us online. We do not charge any attorney fees unless we recover for you.

There are time deadlines, so call now to make sure it is not too late.

March 28, 2012

Unsafe Offshore Boat Causes Death Of Fisherman In Gulf of Mexico Near Houston,Texas

 

Last week, Ken Henderson and his best friend, Ed Coen went offshore fishing in Henderson's offshore boat, a 30' Scarab which is a sleek, fast offshore fishing boat. For some unknown reason, the boat started filling up with water;Henderson had four bilge pumps,but they could not keep up with the water coming into the boat, so the boat started sinking. The boat was unhooked from the rig that it was tied to and Henderson tried to crank the engines supposedly to run the water out of the hull. Henderson tried to call the Coast Guard,but his radio did not work properly. Because of all of these problems, Mr. Ed Coen lost his life at sea.ed coen.jpg

Because things happen fast offshore,one must equip his boat with the proper safety equipment. One of the most important pieces of equipment is an EPIRB (emergency poistion-indicating radio beacon);it goes off automatically when there is an emergency. It automatically sends a signal to the Coast Guard that there is an emergency and tells the authorities exactly where the beacon is so that a rescue can be made. I have been fishing in the gulf of mexico for over 35 years and have my coast guard license. I have personally seen this device work while fishing off the Louisiana coast. There were about 30 boats fishing and shrimping in this large lake when all of a sudden a Coast Guard helicopter started making large circles in our area and then closed in on one shrimp boat. I could hear the pilot over the intercom ask if everything was all right because they received an EPIRB signal. The captain of the shrimp boat told the pilot that his bracket that held his EPIRB broke and that is what caused the signal to start by accident. So, if this boat were equipped with a proper EPIRB, Ed would probably still be here with us today.

Secondly, on offshore boats, the bilge pumps should come on automatically when water gets into the boat for any reason. When the bilge pump comes on, it is very obvious because you can see the water coming out of the side of the boat. Apparently, the automatic part of the bilge pumps did not work properly or else the boat would not have filled up with so much water. If they saw that the bilge pumps were running, then they could have done something sooner to solve the problem or save their lives, but, because the bilge pumps had to be turned on manually, the boat had too much water in it at that time and it was too late to pump the water out causing the boat to sink.

Thirdly, offshore boats should have a properly working VHF radio for emergencies just like this one so that the Coast Guard can come rescue them in time. The boat had a radio,but apparently it did not work properly because no one responded from the Coast Guard or anyone else. A lot of times, other boaters in the area will come assist if they know that they are needed. This is an unwritten law that we all just help other boaters out who are in trouble or who need assistance.

Fourthly, a wrong decision was made to unhook the sinking boat from the rig that they were tied to. This is especially true if there was a strong current which prevented them from simply swimming back to this rig.

Finally, the boat should have been properly inspected and maintained to make sure that it doesn't sink in the middle of the gulf of mexico. Something bad had to happen to the hull in order for a hole to be so big that 4 bilge pumps couldn't keep up with the incoming water.

The family of Mr. Coen could make a claim against the owner of the boat's insurance company for causing his death which should be covered under the policy. Since it was his best friend, i'm sure that the owner of the boat would not object to his family making a claim. That is why you buy insurance in the first place.

All I handle are injury and death cases. I've been doing this for over 37 years. I represent clients on a contingency fee basis which means that no money is paid unless or until i recover money for you. If you want to discuss your case, call Paul Snow at 601-969-1977 or 1-800-640-4478 or contact us online.

Our prayers go out to the Coen family.

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.

January 16, 2012

Cruise Ship Crashes Off of Tuscany Coast Near Italy

 

The cruise ship Costa Concordia with passengers and crew of over 4,000 crashed into a rocky reef because the vessel was 2.5 miles off course on friday the 13th, 2012. The island coast of Giglio is known for its rocky sea floor. Six people were killed, twenty were seriously injured and numerous others were unaccounted for. Because the size of the gash of over 160', the ship must have been moving pretty fast in the water at the time of the disaster.120114092333_Costa_Concordia.jpg
Carnival Corp., a U.S.-based cruise giant,is the parent company who owns the company that caused the accident, Costa Cruises. This is not the first time that this company was involved in a deadly maritime accident. In 2010, the Costa Europa crashed into a pier in Egypt killing three crew members.
Some important questions need to be answered: why was the ship so close to the shore? why was the ship 2.5 miles off course? was the captain eating in the dining room or was he on the bridge? if he was on the bridge, what was he thinking? how fast was the ship moving? why didnt the captain, Francesco Schettino, call in a "mayday" at the time of the incident? why did the crew members tell passengers that everything was fine and there was no danger until the ship started turning over on its side? did the delay make use of some of the lifeboats impossible? why wasn't the evacuation organized? why were the instructions from the crew contradictory?

There were about 1,000 Italians,500 Germans, 100 French, 126 Americans and other passengers on board at the time plus 1,000 crew members. Some of the passengers told of their account. Mike van Dijk said that he had to scream at the controllers in order to release the lifeboats. Valerie Ananias from Los Angeles told of a couple handing them their baby during all of the frantic confusion. She said that she thought they were going to die at four different times.

WHO CAN MAKE A CLAIM FOR WHAT AND WHY?
Anyone on the ship can make a claim under maritime law for any damages that they received as a result of the accident,either as a passenger or a crew member. The owner of the ship in addition to the owner of the cruise line will be responsible for those damages. Damages may include wrongful death for the families who lost loved ones;or for personal injuries for those who survived the disaster. These damages may include pain and suffering, medical bills , emotional distress, loss of income, loss of the cost of the cruise, any permanent injuries. Because Carnival Corp. is a U.S. corporation, suit may be filed in the United States, if required.

Don't be fooled into hiring an attorney who claims to be an expert in personal injury and death cases. Research their track record and compare it to ours. We have been handling these type of cases for over 36 years and this is all we do. The law offices of Paul Snow has handled numerous maritime cases and has a license from the U.S.Coast Guard. We know these type of cases backwards and forwards. You can call us at 601-969-1977 or contact us online to ask any questions that you may have FREE of charge. WE do not charge any attorney fee unless and until we recover for you. If you were involved in this disaster or know someone who was and want to discuss the case, call now before it is too late. The insurance company for the cruise line hopes you don't call us, we hope you do. We are here to help you and protect your rights.

January 9, 2012

Motorhome Blowout Causes Accident In Forrest County, Mississippi

 

Two people have died and numerous people injured when the RV they were riding in had a front tire blow-out causing the RV to go out of control run off of I-59 and hit a tree; two people were ejected from the RV. Mr. Alfred Holt Jr. of Ga. was driving the RV at the time of the accident and was killed in the accident along with Darryl Parker. Ten other passengers were injured in the crash and taken to Forrest general hospital in Hattiesburg,MS. Solomon Brannan owns the motorhome.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Lets look at the tire first. The tire blew out for a reason: was it defectively made? was it put on improperly by a local mechanic? was it worn down so much that it should have been replaced before the trip started? These are questions that need to be answered. IF the tire were defectively made, then a claim could be made by everyone in the vehicle against the maker of the tire for a defective product. This is called product liability.

IF the tire was not defective, then we need to look at who serviced the tire last. If the local mechanic's shop failed to put the nuts back on the tire properly or put too much air or not enough air in the tire, then they may be liable for the accident.

IF the tire was not defective,nor any improper handling by the tire shop, then we need to look to see if the tire was worn down so much that it should not have been used on the trip. The owner should have known whether the tire was in good or bad shape. If in bad shape, the owner should have either told the driver to replace the tire or had the tire replaced before the trip was made. If the owner told the driver about the bad tire and the driver decided not to have the tire replaced, then the driver may bear some responsibility. Also, the driver should have been properly instructed in how to properly operate the RV by the owner before leaving on the trip. These on complicated machines that need experience and know-how to operate safely.

So, a claim may be made against the owner and/or the driver. Since the driver was driving the RV with permission of the owner, then the owner's insurance company should apply to the accident; but, because there are some many victims, it may be on a first come, first served basis.

Because this accident happened in MS, a Mississippi Accident Injury Attorney should be consulted to go over all of your rights. Our law firm has been handling accident cases for over 36 years. This is all we do. Our track record speaks for itself. Check it out for yourself.

If you would like a free consultation to discuss your accident case, call 601-969-1977 now or contact us online. Paul Snow handles all types of cases involving serious injury and death including RV accidents, car accidents, truck accidents, motorcycle accidents and accidents from defective products. We do not charge any attorney fees unless we recover for you.paul snow.jpg

December 14, 2011

Drunk Driver Given 10 Year Sentence In Injury Accident In Bay St. Louis, MS

 

A drunk driver was given a 20 year sentence with 10 years suspended for causing a drunk driving accident on august 5th,2010 in Bat St. Louis, MS. Robin Lee Vo from Hancock county, MS was given the sentence this week in circuit court. The accident was caused when Vo was driving erratically then crossed over the center line and hit a 47 year old man riding his bike. The injured victim incurred over $4000,000 of medical bills and can no longer walk as a result of the accident.75579_drunk_driving.jpg

A claim can be made against the drunk driver's insurance company for causing the accident. If there were no insurance on the drunk driver, then the injured victim can make a claim against their own insurance company for uninsured and medical pay benefits. They can stack or add all of their cars together on the policy in order to get more coverage for this tragic accident.

Additionally, a claim can be made against the bar, grocery store or package liquor store that sold the alcohol to the drunk driver. This is called liquor liability or dram shop law which states that the alcohol provider can be liable if they sold alcohol to a visibly intoxicated person who then caused an accident.

If you or a loved one have been injured or killed in an accident, you should consult an experienced ms accident injury attorney. Our law firm is a mississippi accident injury law firm which handles all types of accident cases involving car, truck, motorcycle, bike, tractor-trailer, and drunk driving accidents.

We represent clients all over MS including the following counties: hinds, madison, rankin, copiah, warren desoto, lee, washington, claiborne, simpson, pike, lamar, forest, hancock, jackson, marion, lauderdale,yazoo, holmes, lowndes, oktibbeha and leflore.

Call now to discuss your case FREE of charge. We handle injury and accident cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. Call Paul Snow your MS accident injury lawyer now at 601-969-1977 or contact us online by clicking here. paul snow.jpg

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

November 14, 2011

Simpson County Student Killed By Hit-ANd-Run Driver

 

Just recently, a young man was killed by a hit and run driver when the boy was walking to get into his school bus. The driver left the scene of the accident after running over the boy, to add insult to injury. The negligent driver turned himself in and is presently being charged with numerous criminal charges.2030_02_1---Yellow-School-Bus_web.jpg

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY? First, the insurance company for the driver who caused the accident will probably have to pay their policy limits to the family of the young man who was killed in the accident. These are called wrongful death damages. BUT, the family may also make a claim against their own insurance company for Underinsured motorist benefits. There are certain criteria to follow but a claim can be made against the families insurance policy or policies for these benefits. Also, a claim may be able to be made against the bus' insurance policy for the same type of benefits, since the boy would be considered a passenger of the school bus at the time of the accident. A Mississippi Accident Attorney can figure out all of the ins and outs of the insurance coverage and explain what is recoverable and why.school bus accident.jpg

Our law firm represents families who have lost loved ones in accidents all over MS including covington county, simpson county, hinds, rankin, madison, warren, and all counties in MS.

If you have any questions about your accident case, call Paul Snow at 601-969-1977 or toll free 1-800-640-4478 for a free consultation about your case or contact us online.

July 5, 2011

Jackson, Mississippi Accident/Injury Lawyer Discusses "On the job injuries"

 

On the Job Injuries
One of the most unfortunate things that can happen to you is an injury at work. In Mississippi, the law provides a remedy under worker's compensation. Each and every employer in Mississippi is required to carry worker's compensation insurance on their employees.

When you are injured at work, you are entitled to two things: medical benefits and wage benefits. Your wage benefits must be paid every other week. Your medical treatment must be approved and paid in a timely manner.

The following is an important checklist to follow if you have been injured on the job:

Report the work injury immediately. This is the most important thing to remember, no matter how minor you think the injury is.
Seek medical attention. You have the right to choose your own doctor and your employer or their insurance company can also choose a doctor to send you to.
Keep a written journal: what was the date of the accident, who was around when the accident happened, and who did you talk to after the injury.

A lot of times, clients want to know whether or not they will be fired if they file a claim. Usually, your employer will recover the money they paid out if you are successful in making a claim against a negligent third party who caused the accident; therefore, the employer should be agreeable to allow the claim to go forward since the employer will be reimbursed any monies that they spent through their insurance company.


Hopefully, your injury will be paid for and you will return back to work with no future problems. If you have been injured at work, call us and we will explain your rights and let you know if we can assist you. We represent clients from all over Mississippi including Gulfport, Biloxi, Pascagoula, Vicksburg, Southaven, Tupelo, Meridian, Greenville, Hattiesburg, Jackson, and counties of Hinds, Madison, Rankin, Copiah, and Warren.You can contact us at 601-969-1977 or 1-800-640-4478 or online. For more information on Mississippi worker's compensation laws, visit the Mississippi Workers Compensation website.

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 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.