Mississippi Injury Lawyer Blog

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

Injury victims not provided for in General Motors bankruptcy

Most people have heard about the bankruptcy of General Motors and its attempt to reorganize as a "new" company. This week U.S. Bankruptcy Judge Robert Gerber gave General Motors the green light to move forward by selling the majority of its assets to a the "new" General Motors. However, what happens to those individuals who had pending product liability claims against General Motors prior to the bankruptcy filing?

Under the plan approved by the Bankruptcy Judge, those individuals with pending product liability claims against General Motors prior to the June 1, 2009, would have to look to the "old" General Motors to recover any monies to compensate them for their loss. The "new" General Motors has agreed to assume responsibility for future claims involving vehicles made by the "old" General Motors. The problem is that "old" General Motors will have limited assets and as one source stated, "those seeking claims against Old GM would likely get nothing."

Let's put a face on this problem. Robert Dinnigan, whose 10-year-old daughter was left a quadriplegic in an car accident while riding in a 2003 GMC Envoy two years ago, currently has a lawsuit pending against General Motors. According to the Mr. Dinnigan, he faces medical bills around $500,000 a year and needs $100,000 to make improvements to his home for his daughter's care given she is confined to a wheelchair. If the current plan were approved, he would probably be unable to recover any money from the "old" General Motors if he proves General Motors was responsible for his daughter's injuries.

An appeal is being filed on behalf of those accident victims in hopes those injured by General Motor products prior to June 1, 2009, will have some recourse. How big is the problem? Huge. According to the Associated Press, General Motors paid $1.1 billion in product liability payments in 2007 and $960 million in 2008. It is estimated that there are currently 1,000 lawsuits pending against General Motors that will be negatively impacted by this decision. If the bankruptcy ruling stands, those approximately 1,000 pending product liability claims against General Motors would most likely receive nothing for their injuries from General Motors. How do you explain that problem to the father of the girl injured by a defective car that has left her a quadriplegic for life? Who pays for her care? Who compensates her for her loss?

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.

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.

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.

Yamaha recalling Rhinos due to rollover deaths

All Rhino 450, 660, and 700 model vehicles are being recalled for repairs after 46 deaths and hundreds of injuries due to rollovers. According to the Consumer Product Safety Commission, many of the rollovers occurred on level ground at relatively slow speeds.

Having witnessed first-hand these type of vehicles rollover in Mississippi, it is important that if you own one of the affected Rhino models, you return it to the dealer for repairs. You should also remember that these vehicles were intended to be used by persons with a drivers license and are not safe for children to operate. Too many times in Mississippi you see children operating these vehicles and I've never seen one child wearing a helmet while operating the vehicle. A rollover accident on one of these heavy vehicles can lead to serious injury or death.

If you or a loved one has been seriously injured while operating or riding in a Rhino or similar type vehicle, call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a free consultation to discuss your legal options.

Driver hits Flowood police vehicle on I-20

A woman driving eastbound on Interstate 20 in Jackson, Mississippi, lost control of her vehicle and collided with a Flowood, Mississippi police vehicle parked on the side of the interstate. The woman was taken to University of Mississippi Medical Center. The police officer, along with his canine partner, were not injured. However, both vehicles were reported to be badly damaged.

The wreck occurred at the intersection of I-55 and I-20, commonly known as the "Stack", early Wednesday morning. According to WLBT, the woman was suspected of driving under the influence. Jackson police and Mississippi State troopers responded to the scene.

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.

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.

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.

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.

Mississippi leads nation in vehicle-related deaths

In a recently published report from the Centers for Disease Control, Mississippi leads the nation in traffic accident related deaths. The study looked at traffic accidents from 1999 to 2005. Mississippi led the nation with 31.9 deaths per 100,000 population followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The least amount of fatalities was in Massachusetts with 7.9 per 100,000 population. The South led the nation in traffic accident related deaths, accounting for 46% of the fatalities while only having 36% of the population.

The study also found that men were twice as likely to be killed in a motor vehicle accident than women. Although no specific cause was found for the deaths, the CDC recommended a number of measures to reduce the deaths in automobile accidents. The more obvious ones were increased use of seat belts, increased drunk driving enforcement, and vehicle safety improvements. Additionally, lower speed limits and better statewide trauma systems could decrease the number of deaths.

If you have been seriously injured in an car accident or had a family member killed in an automobile accident, you need to speak with an experienced Mississippi car accident attorney. Call the Kisselburgh Law Firm at 601.936.4040 or contact us online to schedule a free consultation.