Mississippi Injury Lawyer Blog

Tractor trailer driver watching porn on laptop strikes and kills motorist

State police in New York are reporting that a truck driver who struck a disabled car last month in New York, killing the driver of the car, was watching poronographic movies on his laptop computer at the time of the crash. According to the report, Thomas Wallace of Brook Park, Ohio was arrested this week on charges of second-degree manslaughter for the death of 33-year-old Julie Stratton, a mother of two.

This epitomizes the problems with technology in vehicles. It is a distraction that kills. Whether it is texting, watching videos on a computer, or playing with a cell phone, the fact is that the cab of a tractor-trailer is no place to be multitasking.

Recently, the government conducted a study of the problems with operating a tractor-trailer while texting. The study, "Driver Distraction in Commercial Vehicle Operations", showed that the most risky behavior was text messaging on cell phones and that a driver texting was 23.2 times more likely to be involved in an accident while texting while driving. Technology has its place, but most of it has no place in the driver's seat of a big rig truck or any other vehicle.

The Kisselburgh Law Firm is a Mississippi accident injury law firm which handles all types of cases involving serious injury or death including tractor-trailer crashes, car accidents, motorcycle accidents, drunk driving accidents, injuries from defective products, on-the-job injuries, and medical malpractice. If you have questions, call us at 601.936.4040 or contact us online.

Over 50 million shades and blinds recalled due to strangulation hazard

More than 50 million Roman-style shade and roll-up blinds are being recalled due to the risk of children being strangulated by the cords. The Consumer Product Safety Commission said since 2006, there have been 5 deaths and 16 near-strangulations involving children and the Roman shades. Strangulation can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around their neck. Consumers can obtain a free retrofit kits for roman style fabric looped and flat panel shades and roll-up blinds online at www.windowcoverings.org or by calling 1-800-506-4636.

Shades involved in the recall include:

• Roman shades by All Strong Industry sold at Walmart stores nationwide
• Roll-up blinds and Roman Shades by Walmart
• Roman and Roller shades sold at Pottern Barn, Pottery Barn Kids, and PBTeens
• Roman shades and roll-up blinds sold at JCPenny
• Matchstick Roll-up shades sold exclusively at Big Lots
• Roll-up blinds by Lotus & Windoware sold exclusively at Ace Hardward and Big Lots
• Louis Hornick & Co. sold at Ross Stores
• Roman Shades by Draper, Inc.
• Jute/Ely Roman Shades sold at West Elm
• Roman shades by Airtex Designs Group sold exclusively by The Land of Nod

For more information about this recall, go to these websites:

Consumer Product Safety Commission

Window Covering Safety Council

The Kisselburgh Law Firm is a personal injury law firm representing individuals seriously injured due to defective products, car accidents, tractor-trailer accidents, drunk drivers, and prescription drugs. If you would like to discuss your legal rights, call us now for a free consultation at 877.601.4040 or contact us online.

NHTSA appears to have dismissed previous claims of unexpected acceleration in Toyota vehicles

Previously, I wrote about Toyota's record recall of a number of vehicles due to unexpected acceleration. At first, the acceleration was attributed to the floor mat. However, it appears something more serious is causing the problem and investigators are finally looking into the cause.

The National Highway Traffic Safety Administration (NHTSA), a federal agency whose mission is to save lives, prevent injuries, and reduce vehicle-related crashes, is charged with protecting the public, not the auto manufacturers. But according to a recent L.A. Times article, since 2001 more than 1,000 Toyota and Lexus owners reported their vehicles suddenly accelerated, many times resulting in injury. However, NHTSA dismissed many of those complaints for a variety of reasons. Even though NHTSA recently changed its course and is calling the Toyota issue a "very dangerous problem", the Times article paints a different NHTSA under the previous administration.

Hopefully NHTSA will be more vigilant in living up to its mission statement in the future. With the recent turn of events, it appears headed in the right direction. Read other articles about this issue below.

Runaway Toyota cases ignored
Toyota Acceleration Problem Still Unresolved
Safety Agency Rebukes Toyota Over Floor-Mat Issue

If you have been injured as a result of a defect in your car or truck, contact an experienced Mississippi product defect lawyer. At the Kisselburgh Law Firm, we have years of experience in successfully prosecuting product defect cases. Contact us at 877-601-4040 or contact us online.

IKEA Roller Blinds recalled due to risk of strangulation

The U.S. Consumer Product Safety Commission issued a recall of IKEA Roller Blinds to repair tension device which could be a strangulation risk to children. According to the article, the recall involves ISDANS, TUPPLUR and ENJE roller blinds. If you have those blinds, immediately contact your local IKEA store or visit the firm's Web site.

Mississippi company recalls Off-Road Utility vehicles

According to the Consumer Product Safety Commission, Bad Boy Enterprises LLC of Natchez, Mississippi, is recalling "Classic Buggies" due to some of the vehicles accelerating without warning. The manufacturer has received 32 reports of unexpected acceleration which can cause injury to riders and bystanders.

If you or a loved one has been injured by driving or riding in an off-road vehicle, contact our Mississippi Injury Law Firm to discuss your legal rights. The Kisselburgh Law Firm is a Mississippi accident injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Tort Reform debate is a red herring in Mississippi and other states

Over the last couple months, the "Tort Reform" debate has heated up again. With Washington looking at health insurance reforms, the U.S. Chamber of Commerce and their many mouthpieces are talking about the need for more tort reform. Folks, it's a red herring. The high cost of health insurance is not due to out-of-control lawsuits brought by evil plaintiff attorneys. The facts prove it.

One of the great myths perpetuated during these tort reform debates is that doctors are practicing defensive medicine because they are afraid if they don't run the test, they will be sued. This myth was busted by a number of reports showing defensive medicine is motivated more by profits for doctors who are making money when they send patients for medical imaging. The New Yorker ran a great piece about the high costs of medical care in McAllen, Texas, the Dallas Morning News reported on the increase of medical imaging in the Dallas-Fort Worth metroplex and doctor discussed his first-hand experience with over-utilization as a patient.

Indicative of the myth is a great exchange between local two McAllen, Texas doctors in the New Yorker article:

"McAllen is legal hell," the cardiologist agreed. Doctors order unnecessary tests just to protect themselves, he said. Everyone thought the lawyers here were worse than elsewhere.

That explanation puzzled me. Several years ago, Texas passed a tough malpractice law that capped pain-and-suffering awards at two hundred and fifty thousand dollars. Didn't lawsuits go down? "Practically to zero," the cardiologist admitted.

"Come on," the general surgeon finally said. "We all know these arguments are bull---t. There is overutilization here, pure and simple." Doctors, he said, were racking up charges with extra tests, services, and procedures.

Another great myth perpetuated during the tort reform debate is that doctors are leaving the state due to out of control lawsuits. This was a big one used by Mississippi's governor. However, facts prove otherwise. A recent article reported there was no decrease in the number of doctors in Mississippi. It stated, "Information compiled by the American Medical Association ... shows that the number of physicians in Mississippi rose steadily in years leading up to tort-reform legislation in 2004, and even slowed its increased following 2004."

So let's put the "tort reform" punching bag away and get down to studying the true problems of our health care system and the need for reform.

h/t: ThePopTort.com has a number of articles on this issue at here, here, here, and here.

Information provided by Robert Kisselburgh, Mississippi Accident Injury Attorney

Texting while driving more dangerous than drunk driving

As of July 1, 2009, teenagers in Mississippi, who hold either an intermediate license, a temporary learning permit, or a temporary driving permit, cannot send or receive texts on their phones while driving. Doing so is a misdemeanor subject to a fine.

While the law did not go as far as some wanted, it was an initial step in curbing a new behavior which is leading to deaths of motorist across the country. I know my children are more apt to text than talk on the phone. But unfortunately, many in our multitasking society think we can safely operate a motor vehicle while texting on the phone. However, recent studies show those texting while driving poses a greater risk than those who drink and drive. A recent study by Car and Driver found that drivers texting were 3 to 4 times slower than drunk drivers to apply their brakes to avoid a collision. The reason is simple. The driver's attention is not on the roadway in front of them, but on sending or reading the message on their phone.

It is time for the Mississippi legislature to take the law further. No one can safely operate a vehicle while texting on a phone. A couple months ago, I was coming back from Vicksburg on I-20 and was behind an 18 wheeler. The driver was having a hard time staying in his lane and kept drifting to the right and left. I decided to pass him in the left lane and as I pulled up to the cab, I looked up and saw the driver holding his phone in front of him trying to read messages on his phone.

The movement to ban texting by all drivers is growing. Currently, 18 states (Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Tennessee, Utah, Virginia, and Washington) have passed laws banning texting while driving. Hopefully, Mississippi will become part of the movement. Recently, the Governors Highway Safety Association supported a complete ban on texting while driving. The decision was influenced by a recent study from the Virginia Tech Transportation Institute that indicated that a driver who is texting increases crash or near-crash risk by 23 times.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, drunk driving accidents, motorcycle accidents, construction accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Ex-attorney says Toyota destroyed and withheld evidence in rollover cases

The news just got bad for Toyota Motors with the filing of a lawsuit by an ex-attorney for Toyota. Dimitrios Biller dropped a bombshell when he sued Toyota Motors Corporation in July claiming that the U.S. unit of Toyota destroyed evidence and ignored court orders to turn over electronically stored data in a number of rollover cases. According to the Complaint filed in the U.S. District Court, Central California, Toyota Motor Corporation, its U.S. subsidiaries and a number of key Toyota executives, "conspired, and continue to conspire, to unlawfully withhold evidence from plaintiffs and obstruct justice in lawsuits throughout the United States against Toyota."

Biller, who worked for Toyota from 2003 until 2007, was the former National Managing Counsel in charge of Toyota's National Rollover Program. Essentially, Biller coordinated discovery responses for Toyota in cases where it had been sued by those injured in a Toyota vehicle and claimed a rollover defect caused their injuries. Having handled these types of cases before, the argument is usually the vehicle was defectively designed because it did not protect the occupants of the vehicle during a rollover accident given the roof crushed into the passenger compartment. Many times, the roof crush results in death and/or quadriplegia/paraplegia. In the United States, there are minimum standards vehicle manufacturers must adhere to in order to protect occupants during a rollover crash.

According to Biller, when he took over his role as coordinating attorney, he found Toyota was not producing certain electronically stored information. In today's world, that is a lot of data. More disconcerting is that Toyota was ordered by a number of different state and federal courts to produce the material, but Biller alleges he was instructed not to comply with the orders. As Biller stated in his complaint, when he sought to ignore his superiors' orders not to produce the material, he was told by a superior to obey the Golden Rule--"protect the client at all cost even if that means committing illegal actions."

Now, Mr. Biller is suing for Toyota terminating his employment; however, Toyota's bigger concerns are the hundreds of cases impacted by Toyota's alleged conduct. Not surprisingly, Toyota responded to this lawsuit by seeking to seal the records. Oops. Too late. If these allegations are true, Toyota Motor Corporation is facing some huge legal problems. Many of those litigants impacted by Toyota's wrongful conduct will file lawsuits seeking to reopen the cases. Today, CBS News reported a class action lawsuit was filed in U.S. District Court in Los Angeles, California, seeking to represent all plaintiffs who lost or settled cases in which Toyota allegedly concealed evidence.

There are also allegations Toyota withheld relevant data from a federal agency, the National Highway Traffic Safety Administration (NHTSA), charged with ensuring vehicles sold in the United States meets certain minimum safety standards. When the U.S. Government suggested that the standards for minimum roof crush be strengthened (FMVSS 216), it asked manufacturers for information regarding the proposed changes. Biller alleges Toyota

"withheld the original engineering report concluding that [Toyota] could start manufacturing vehicles under the standard... Instead, [Toyota] hired another engineering firm to give a second, different opinion, and that second report was provided to NHTSA. The original report never was provided and was 'buried.'"

If you or a loved one has been injured in a rollover accident, you should contat an attorney to discuss your legal rights. At the Kisselburgh Law Firm, we have experience in representing those injured by defective vehicles. Contact us online or call us at 601-936-4040.

Hattiesburg drunk driver kills University of Southern Mississippi student

Early this morning in Hattiesburg, a drunk driver broadsided a car carrying four University of Southern Mississippi students, killing one and critically injuring another. University of Southern Mississippi freshman Lejulia Dorothy White was killed while another student was critically injured. Two others suffered non-life threatening injuries according to reports. The driver of the SUV was arrested on DUI death charges.

This is every parent's nightmare as students go off to college. With the Labor Day weekend approaching, police are stepping up patrols in an attempt to cut down on drunk driving but unfortunately, these senseless tragedies still occur.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including drunk driving accidents, car accidents, tractor-trailer accidents, motorcycle accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Pipeline explodes in Smith County, Mississippi, killing 1 and injuring others

Late this afternoon, a three-inch pipeline carrying natural gas exploded near Raleigh in Smith County, Mississippi, just off County Road 99 (Shell Oil Road). Emergency officials report that one person was killed and early reports are conflicting as to the number injured. It is reported that either two to three individuals were critically injured by the explosion.

Source: Clarion-Ledger, WAPT, WLBT

Information provided by: Robert M. Kisselburgh, Mississippi Accident Injury Attorney

Meridian, Mississippi church bus accident kills 1, injures 23

A church bus from First Baptist Church in Shreveport, Louisiana crashed in Meridian, Mississippi after suffering a blowout. Witnesses said the bus rolled multiple times. One person was confirmed dead. 3 other passengers were airlifted to the University of Mississippi medical center while the others injured were treated at hospitals in Meridian, Mississippi. The bus was headed to a church conference in Atlanta, Georgia.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including car accidents,
tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and
injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Source: Clarion-Ledger

Mississippi police warn: Click It or Ticket

Too many times we open the newspaper or watch the T.V. to learn of another person killed in car wreck because they were not wearing a seat belt. With the summer months approaching and families hitting the roadways, police in Mississippi are increasing their enforcement of mandatory seat belt laws. According to a recent article, police in Mississippi have started a concentrated effort to crackdown on those not wearing seat belts. Fact: Seat belts save lives. Use them and make sure your children always wear seat belts while in a vehicle. It could save their life.

Source: WAPT

Provided by: Mississippi Accident Injury Attorney, Robert Kisselburgh

MADD held annual vigil for Mississippi Drunk Driving Accident victims

The Mississippi chapter of Mothers Against Drunk Driving (MADD) held the 15th annual vigil for drunk driving accident victims in Mississippi. Tricia Raymond, executive director for Mississippi MADD, said:

"We need the public to always remember never to drink and drive. The consequences are tragic all the way around, and if you're around anyone who is obviously drunk and trying to drive please intervene."

According to the article, more than 24,000 DUI arrest were made last year, a 22 percent increase from 2007. In 2007, over 300 people were killed in drunk driving accidents in Mississippi, ranking Mississippi as the third worst state for drunk driving.

If you have been injured by a drunk driver or a loved one has been injured or killed by a drunk driver, you need to consult with an experienced drunk driving accident lawyer. At the Kisselburgh Law Firm, we have the experience to represent you for injuries received from a drunk driver. Contact us at 601-936-4040 or contact us online to schedule a free consultation.

Fatal car and truck wreck in Picayune, Mississippi

25 year-old Robin Ashley Barber of Picayune, Mississippi was driving her 2006 Nissan Altima when it collided with a 2006 Peterbilt truck on Tuesday around 11:30 a.m. in Hancock County, Mississippi. Ms. Barber died as a result of her injuries. The driver of the dump truck, Tommy Glenn Mallet, was treated at a local hospital and released. The Hancock County Sheriff's Department is investigating the cause of the accident.

The Kisselburgh Law Firm is a Mississippi Car and Truck Accident law firm which handles all types of cases involving serious injury or death including car accidents,
tractor-trailer accidents, motorcycle accidents, construction accidents, and
injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Car seats save children from injury

In a story we usually don't see in Mississippi, two toddlers properly strapped in their child car seats were unharmed after the vehicle they were riding in flipped over during an accident in Pearl, Mississippi. According to the Pearl Police Department, a black Ford Ranger was traveling north on Pearson Road when a white Ford Expedition pulled into its path. The collision caused the Expedition to flip with the toddlers inside. Although the driver of the Expedition was transported to an area hospital, the two toddlers were unharmed.

Seat belts saves lives. As parents, we have the responsibility to ensure our children are properly belted when riding in vehicles. The parent of these toddlers did so and even though a tragic accident occurred, the toddlers were fine. We need more stories like this in Mississippi as opposed to those describing how some child was ejected from the vehicle during an accident or injured because they were not wearing a seatbelt.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including car accidents,
tractor-trailer accidents, motorcycle accidents, construction accidents, and
injuries from defective products. If you have questions, call us at
601.936.4040 or contact us online.