Mississippi Injury Lawyer Blog

Attorneys beware--watch out for those subrogation liens.

Two days ago, the Sixth Circuit Court of Appeals affirmed a summary judgment where a plaintiff's attorney was found liable to the ERISA health plan for settlement funds he disbursed. A fellow blogger, Health Plan Law, has a great discussion of the case here.

For those with personal injury lawsuits, if your health insurance company pays for your medical and you ultimately recover money from the person who caused those injuries, your health insurance company has a subrogation lien for the amount of medical paid. That means you could possibly have to pay the insurance company for the amount it paid for medical expenses you ultimately recovered from the liable party.

In the case above, the client did recover monies and the attorney disbursed the settlement funds without paying the insurance company back for the medical it paid on behalf of the client. The plan ultimately sued the client and attorney for the money. Lesson to all parties. Prior to settling a personal injury case or disbursing funds from a personal injury settlement, make sure you have paid all liens.

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Motorcycle crash kills Seminary, Mississippi man

On Saturday night, Shawn Jesse Bullock of Seminary, Mississippi, died when his motorcycle collided with another vehicle at the intersection of Mississippi 598 and Old U.S. 49. According to Jefferson Davis County Coroner, Bullock died on the scene. The accident is under investigation by the Covington County Sheriff's Department

Source: Clarion-Ledger

Reported 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.

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.

Mississippi Insurance Commissioner predicts rise in uninsured motorists

As many in Mississippi struggle to make ends meet, some will decide to drop their automobile insurance coverage to save money despite the law requiring all individuals operating a vehicle in Mississippi to have liability insurance. According to the most recent figures, 28% of those people driving in Mississippi do not have automobile insurance. Mississippi Insurance Commissioner Mike Chaney expects that figure to rise to 30-31% in 2009.

If you are involved in an accident with an uninsured motorist, then you will need to make a claim against your own insurance company, assuming you have uninsured motorist coverage. If you don't have that coverage, then you should look at adding it to your policy.

The problem is that most people will get the mandatory insurance so they can get their car registered or get their driver's license, but some will then quit making payments on the insurance and it lapses. However, some of those people still have an insurance card showing that they have insurance even though the policy lapsed due to non-payment. Law enforcement officials say a pilot program would allow them to check a driver's proof of insurance in a traffic stop against insurance company databases. There was no word on when this pilot program would begin or how widespread it would be.

If you or a loved one are involved in a car or truck wreck, you should consult with an experienced car accident attorney. 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, and drunk driving accidents. If you have questions, call us at 601.936.4040 or contact us online.

Source of article: WLBT

Jackson Mississippi Police Officer Injured in Collision

This morning a Jackson, Mississippi police officer was injured on Interstate 20 when a vehicle merging onto I-20 collided with her motorcycle. According to news reports, Jackson P.D. Officer Ella Small suffered serious injuries after a 1999 Chevy Tahoe collided with Officer Small's motorcycle on I-20 near Terry Road. Officer Small was transported to University of Mississippi Medical Center.

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.

Red light cameras no more in Mississippi

In an update to a previous blog, Mississippi Governor Haley Barbour signed legislation banning cities and counties in Mississippi from using traffic cameras to catch red-light runners. Those cities that currently use the cameras, including the City of Jackson, have until October 1st to discontinue their use.

Information provided by Mississippi Car Accident Attorney, Robert Kisselburgh

Contact number: 601-936-4040

Motorcyclist killed in crash in Hinds County, Mississippi

On Wednesday afternoon, a 75-year-old man died when his motorcycle collided head-on with a minivan on Highway 27, north of Utica, Mississippi. The Mississippi Highway Patrol said the motorcycle veered into the minivan's lane. The driver of the other vehicle was transported to the hospital with minor injuries.

Information provided by Mississippi Injury Attorney, Robert Kisselburgh.

Contact number: 601-936-4040

What to do if you're in a motorcycle accident in Mississippi

Motorcycle accidents can be serious. Because the nature of motorcycle riding often leaves the rider largely unprotected, the injuries obtained in motorcycle accidents are typically much more severe than in a corresponding automobile accident. As a result, following the right protocol at the scene can be challenging, but its important to try to remember the correct procedures if you're involved in a motorcycle accident.

Call the police immediately

Call the police if you're involved in a motorcycle accident. If you're injured, call 911. Because motorcycle accident injuries can be so serious, it's a good idea to get yourself checked out at the hospital even if your injuries seem minor. Insist that all involved parties stay at the scene until the police have come to gather information and take a statement.

Gather information

If you have witnesses at your motorcycle accident scene, get their contact information. Ask for name, home address, business address and phone numbers. Witnesses can be vital for establishing what really happened. Exchange insurance information with all involved parties, including full contact information, driver's license number and registration. When the police come, they can obtain this information, but it's helpful to gather it yourself in case the other parties leave the scene of the accident.

If possible, take pictures

As soon as possible, you'll want pictures of the damage to the motorcycle, pictures of the scene of the accident and pictures of any damage to the other vehicles involved. It's best if you can get these photos when the accident occurs. If you've got a camera on your cell phone, take photos on that - you can always come back later and get more detailed photos, but it's invaluable to get accurate photos when the accident occurs.

Notify your insurance company and consult a lawyer

While you will need to notify your insurance company of the accident, you should consult an experienced Mississippi motorcycle accident lawyer. If you or a loved one is involved in a motorcycle accident, call the Kisselburgh Law Firm at 601-936-4040 or contact us online to schedule a free consultation.

Uninsured insurance coverage a necessity in Mississippi

What would happen if you were in a serious car accident with an uninsured driver? You'd face a serious stack of medical bills, and you'd have to deal with any property damage to your vehicle. A new study by the Insurance Research Council (IRC) found that Mississippi was second in the country for uninsured drivers, 28% in 2007. Thus, there is a one in four chance the person who hits you does not have insurance. The IRC study also indicates a strong correlation between the percentage of uninsured motorists and the unemployment rate. Based on current unemployment rate projections, the IRC forecasts that the percentage of uninsured motorists will likely rise.

What is uninsured automobile insurance?

Uninsured auto insurance pays the bills if the person who hits you doesn't have car insurance. If you have automobile insurance in Mississippi, you will have uninsured automobile insurance unless you specifically refused it in writing. The problem is that most people have low limits, around $10,000 to $20,000. Being in one wreck will prove to you that this is not enough money unless you are involved in a very minor accident.

Underinsured automobile insurance helps to pick up the slack

Underinsured automobile insurance is almost as useful as uninsured, especially if you have an expensive car or you're involved in a serious car accident. If you get into an accident with someone carrying the minimum of $25,000 in medical and property damage, and you're driving a $40,000 car, the insurance policy won't pay enough for you to repair or replace your car. If it's a serious car accident, and you require hospitalization or surgery, it's all too easy to surpass the $25,000 in medical liability, so you're stuck with the remaining medical bills. Underinsured automobile insurance protects you from the possibility of being involved in a serious car accident and not having enough insurance coverage. Again, check your policy and make sure the limits are sufficient. You will find that increasing the limits will not that expensive in comparison to the coverage you receive.

The Kisselburgh Law Firm is a Mississippi injury law firm that 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.

Automobile insurers don't always make it easy for clients to understand what they're buying, but it's important you know what you're getting when you purchase automobile insurance.

What is liability insurance?

Liability is the most basic type of automobile insurance. Each state requires you to carry a specific amount of liability insurance at minimum, although many people choose to purchase more than the minimum coverage. Liability insurance is broken into two categories: bodily injury and property damage. In Mississippi, you're required to carry a minimum of $25,000 per person in bodily injury liability insurance, with a total of $50,000 per accident. The Mississippi minimum coverage for property damage liability insurance is $25,000.

What does this mean?

Basically, liability insurance covers the expenses in the event that you get into an accident with another motorist and you're the responsible party. If you cause the accident, the other motorists involved can make a claim against your liability insurance policy. Unfortunately, if their damages are higher than your coverage limits, you can be personally responsible for paying the remainder of the bills. This is why many people elect to carry more than the minimum liability insurance; to cover hospital or property damage bills in the event of a large accident.

Look out for the other driver

If the other driver in an accident is the liable party, look out for limits on liability insurance. If you're hospitalized and your bills are substantial, or if you're driving a brand new car and it is completely totaled, the liable party may not carry enough coverage to pay for your damages. This is when it really benefits you to contact an attorney to determine what options are available to get your bills paid.

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.

Mississippi House votes against cell phone ban while driving

In an update to a previous post about a bill limiting Mississippi teenagers from texting while driving, the Mississippi House of Representives voted 65-52 against a provision which would have forbid all drivers of vehicles from using cell phones or texting while driving. This vote comes on the heels of another report as to how deadly Missisippi roads can be. According to a recent article, Mississippi leads the country in per capita automobile fatalities involving teenagers drivers.

While I'm not an advocate for more governmental regulation, the safety on our roadways is an area where something needs to be done. We don't need to be leading the nation in per capita roadway fatalities, especially among our teenagers. If you think the same way, contact your Representative or Senator and let your voice be heard.

On a more positive note, the House voted 64-54 against deleting the portion of the bill which prohibits new teenage drivers from texting while driving. Let's hope the Senate approves this measure.

At the Kisselburgh Law Firm, we handle 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.

Drunk driving a problem in Mississippi

According to a Forbes, Mississippi ranks as the third worst state for drunk driving. In 2007, almost 13,000 people were killed in drunk driving accidents with over 300 of them occurring in Mississippi. More disconcerting is the fact that 8% of those involved in the crashes had one or more prior DUI convictions.

Having represented victims of drunk driving, one particular case made a lasting impression. I represented the family of a young police officer killed by a drunk driver. The police officer pulled off the highway to assist a motorist change their tire. The drunk driver, who had over 10 previous alcohol related charges, struck the motorist's car and the police officer, severing his legs in the wreck. The officer died at the scene. The drunk driver lived and went to the penitentiary for his crime. My client's lost a son. This was a preventable crime. Every day you can open the newspaper, watch the T.V., or listen to the radio and hear of another tragic accident involving alcohol. Something needs to be done.

Legislation increasing the penalties for drunk driving recently passed in the Mississippi Senate and is now awaiting committee action in the House. If passed, the legislation would double the fine for anyone convicted of DUI with a blood-alcohol content of .15% or greater as well as allow for ignition interlock devices to be used for anyone convicted of a DUI offense. If you support this important legislation, call your representative and ask for their support. If you have been a victim of a drunk driver, the Kisselburgh Law Firm is experienced in handling drunk driving injuries. Call now at 601.936.4040 or contact us online to schedule a free consultation to discuss your case.

Pedestrian struck by truck in Jackson, Mississippi

A man was critically injured last night after he was struck by a truck near Northside Drive in Jackson. Witnesses said the man was attempting to cross Northside Drive when he was hit by a Chevy pickup truck. The man was taken to the University of Mississippi Medical Center.

If you have been seriously injured in an accident, you need to consult with an experienced attorney. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to schedule a free consultation.

Truck Accident Statistics

Simple physics reasons that the size of 18 wheelers makes them especially dangerous when it comes to collisions and accidents. Do you know how dangerous they can be?

A few key statistics highlighting the danger of semi-trucks

The statistics highlighting the danger of semi-trucks are quite alarming, but most people have no idea how truly dangerous they can be without seeing the statistics spelled out.

• 98% of tractor-trailer-related fatalities involve the other vehicle's driver or passengers - not the driver of the tractor-trailer.


• Semi-truck related deaths are estimated to be around 5,000 per year.


• Almost 55,000 18-wheeler accidents cause injuries every year.


• Nearly 130,000 tractor-trailers are involved in accidents every year where injuries do not occur.

Road conditions have very little to do with tractor-trailer accidents

Most people probably think road conditions are major contributors to serious semi-truck accidents, and are more careful during inclement weather or when the roads are wet. Unfortunately, that's not when the majority of accidents occur.

• Over 80% of tractor-trailer accidents occur on dry roads.


• Over 80% of 18 wheeler accidents happen during normal weather conditions.


• Nearly 70% of semi-truck accidents happen during daylight.

Tractor-trailer accidents typically don't play out in the way you'd expect

While it's clear to see that semi-trucks are dangerous, you probably wouldn't expect this statistic:

• 75% of tractor-trailer accidents are caused by the other driver - not the semi-truck driver.

Small vehicles generally don't realize how difficult it is to maneuver tractor-trailers. Semi-trucks take on average up to 80 feet longer to come to a stop from driving at 55 MPH than an automobile, and people rarely give 18 wheelers enough space when driving in front of them. Additionally, there are many other errors that small vehicle drivers can make to cause accidents with tractor-trailers. Always drive defensively when you are sharing the road with semi-trucks.

If you have been seriously injured in an accident with a tractor-trailer, you need to speak with an experienced Mississippi truck accident lawyer. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a free consultation.