Mississippi Injury Lawyer Blog

Texting while driving prohibition passed by Mississippi Senate

Senate Bill 2595 unanimously passed the Senate and is headed to the House Transportation Committee for consideration. The bill would outlaw texting while driving for all individuals and would outlaw the use of cell phones while driving for those under 18, except in a case of emergency. Let's hope the House realizes how many lives can be saved by this measure. It is time to put down the cell phones and pay attention to roadway while driving.

I recently saw a bumper sticker that highlights the danger of texting while driving. It said, "If you want to see Jesus soon, keep on texting while driving." Call upon your representatives to pass this important measure.

Reported by: Robert Kisselburgh, Mississippi Accident Injury Attorney

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.

Big rig trucks and bus drivers banned from texting while driving

U.S. Department of Transportation Secretary Ray LaHood announced today that drivers of commercial vehicles, including large trucks and buses, are banned from texting on handheld devices while driving. About time! Those who break the law are subject to civil or criminal penalties of up to $2,750. Unfortunately, the rule did not go far enough.

As I previously posted, the rule should have included texting on the on-board computers on the big rigs. These computers have become prevalent on tractor-trailer rigs and using these devices while driving is just as deadly as texting on a hand-held device. Hopefully, this will be the next step in increasing the safety of those on our public roadways.

Reported by: Robert Kisselburgh, Mississippi Tractor Trailer Injury Lawyer

2 dead after a pickup truck and tractor trailer collide in Forrest County, Mississippi

Late yesterday afternoon, two men were killed in a four vehicle accident involving an 18-wheeler, a Dodge Charger, Honda Accord, and a Ford Ranger pickup truck. The two killed were Percy L. Jones and Benjamin Gray. According to authorities, the pickup truck, driven by Jones, was rear-ended by the 18 wheeler. Gray was a passenger in the pickup truck. One other person was transported to a local hospital. There is still some question as to the exact chain of events leading up to the collision and law enforcement officials are investigating.

Source: Hattiesburg-American

Two Rankin County, Mississippi school buses collide

Two Rankin County, Mississippi school buses collided today, sending a number of children to local hospitals. According to the article, one school bus rear-ended the other bus. Although there were no life-threatening injuries, a number of students were transported to local hospitals.

Source: Clarion-Ledger

Reported by Robert Kisselburgh, Mississippi Injury Attorney

Cement truck kills Sumrall, Mississippi man

A 24-year-old Sumrall, Mississippi man was killed when a cement truck rear-ended the tractor he was driving. According to the Clarion Ledger, McKenzie C. Beilmann died when he was rear-ended on U.S. 98 about 8 miles from Hattiesburg, Mississippi. Beilmann was listed as a student at the University of Southern Mississippi. The driver of the cement truck was not injured.

Source: Clarion Ledger

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

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

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

Federal government takes first step in banning texting while driving

In a follow-up to previous posts (here, here, here, and here.) about texting while driving, yesterday the President signed an executive order banning all federal employees from texting while driving. According to the New York Times, the federal government will use it rule-making authority to implement new rules prohibiting interstate drivers of tractor-trailers and commercial buses from texting or using on-board computers. However, you can be assured the American Truckers Association and trucking companies will attempt to water down those restrictions. The administrator for the Federal Motor Carrier Safety Administration, which regulates the trucking industry, has already said there first needs to be a definition of "text messaging." This sounds to me like back-pedaling already. Well, here is a start on a new law--"Drivers of vehicles subject to the Federal Motor Carrier Safety Act shall not read messages (whether by text messaging or e-mail) or send written messages (whether by text messaging or e-mail) from a cellular telephone or on-board computer while driving a tractor-trailer on any roadway." How about it? That wasn't so hard.

As for outlawing texting while driving among other drivers, the federal government is relying on individual states to enact legislation prohibiting such conduct. Hopefully, Mississippi will see a successful bill in the next legislative session covering more than new teenage drivers--the only ones currently prohibited from texting while driving in Mississippi.

Stay tuned.

Information provided by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Texting while driving in national spotlight

With the federal government holding hearings on the hazards of texting while driving, the issue is in the national spotlight. Today, the New York Times ran an article on the issue including a number of individuals who now realize the ultimate hazard of texting while driving--death.

Given the increases in technology and our ability to "stay connected", expectations have increased for all of us to stay in touch and multitask while we drive. Unfortunately, many times you cannot do both while operating a vehicle. When I started driving some 35 years ago, we only had to worry about the person putting on their makeup, shaving, or reading a book while we were driving. That was bad enough. Then in the 90s, cellphones invaded the inside of our cars and no longer could we just listen to the radio while we drove. Now, we had to multitask while driving. Then this decade, the advent of texting really took off in addition to using computers while we drive. The advent of our "mobile" society. While most agree that you can't safety text or work on a computer while driving, the numbers show that the majority of us (including me) have tried it. It does not work. Recent studies show that drivers who send text or read e-mails while driving take their eyes off the road for an average of five seconds. What can happen during those five seconds?

Ask Jered Noe and Samatha Earnest. Samantha was driving on a two-lane highway in Oklahoma with her three children, Jason, 7: Dakota, 5; and Haily, 4, in the car. Jered Noe, driving his Coca-Cola delivery truck, was coming from the opposite direction. As Jered crested a hill, he looked over at his on-board computer and veered into Samatha's lane, slamming into her carload full of children. Jason died on impact. A seven year-old-boy lost his life because another driver thought he could look at his computer while he drove. This is just one of the tragic stories.

It is time for a change. Either the states can enact strict laws prohibiting this activity or the federal government is going to recommend enacting a federal law banning this activity. Either way, it is time for change.

For previous blog post about texting while driving, click here, here, and here.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death. If you have questions, call us at 601.936.4040 or contact us online.

Government advises Toyota drivers to remove driver side floor mats

Toyota Motor Corporation is planning a recall of approximately 3.8 million cars and trucks due to loose floor mater that could force the accelerator down, causing serious injury or death. There have already been 17 accidents and 5 deaths that may be related to the faulty floor mats. In one recent incident, a passenger said the car was going 120 miles an hour because the accelerator was stuck. The National Highway Traffic Safety Administration (NHTSA) said it has received 102 reports in which the accelerator may have become stuck on a Toyota vehicle. The government is warning drivers of the affected vehicles to immediately remove the driver-side floor mats until they can be repaired by Toyota.

The vehicles recalled are the:

2004-2009 Toyota Prius
2005-2010 Toyota Avalon
2007-2010 Toyota Camry
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2006-2010 Lexus IS 250
2006-2010 Lexus IS 350
2007-2010 Lexus ES 350

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

The Kisselburgh Law Firm is a Mississippi product liability and accident injury law firm which handles all types of cases involving serious injury or death. If you or a loved one has been injured, please call us now for a free consultation at 601.936.4040 or contact us online.

American Trucking Association OK with drivers using computers while driving

As you drive down the interstate in Mississippi and approach an 18 wheeler, ask yourself this question: Is the driver of that 80,000 pound rig reading the on-board computer screen and sending messages to their company as opposed to watching the road ahead of them? There is a good chance the driver is and the trucking industry does not want to ban such practice. The on-board computers allow the company to send the trucker messages, the trucker can respond, and gives the trucker the ability to surf the internet. No problem if the truck is idle on the side of the road. But, a major problem if the truck is barreling down the road at 70 miles per hour. The question is whether there should be a ban against truckers using these on-board computers while driving? Under most proposed legislation banning texting while driving, these computers are included in the ban.

In a recent New York Times article, the spokesman for the American Trucking Association, said a federal bill requiring states to ban texting while driving was "overkill." Why? Here is the laughable part. Because banning the use of such devices "won't improve safety." REALLY?? So if your driver is watching the road as opposed to a computer screen, safety will not be improved? This guy is amazing. I think the real reason for the objection by the American Trucking Association is deeper in the article where Randy Mullett, a Con-way executive, said requiring drivers to stop to respond to the on-board messages cost the company money. The company loses about $1.50 a minute when the truck is idle. Essentially, this guy just said Con-way puts profits over the safety of people.

Here are the facts: Using these on-board computers while driving increases your chances of crashing, just as texting on a cellphone does while driving. The Virginia Tech Transportation Institute found that using on-board computers while driving increased the risk of crashing by 10 times. In all fairness, the same study found that texting on a cell phone increased your risk of crashing 23 times. However, the point is that both activities don't mix with driving.

We live in a technologically adept society, but using computers or texting on cellphones does not mix with driving a vehicle at the same time. It is time to ban both on our roadways before more people are killed.

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.

Holmes County wreck injures three, one critically

This afternoon, three people were injured in a Holmes County, Mississippi crash on Mississippi highway 17. According to the latest report, the accident involved an 18-wheeler which had overturned and was on fire. One of the injured was transported to University of Mississippi Medical Center. Police are expecting the area to be closed for at least four hours.

Information provided by: Robert Kisselburgh, Mississippi Injury Attorney

Jackson man involved in crash dies

A Jackson, Mississippi man, Joe White, died after being involved in a car wreck this morning. According to the Clarion-Ledger, Jackson Police said Mr. White declined to be transported to the hospital following the accident. Instead, he was given a ride home by the towing company. On the way home, the tow-truck driver noticed Mr. White was unresponsive. He was taken to University of Mississippi Medical Center where he died from blunt force trauma, according to the Hinds County Coroner. If you are involved in a collision, you should probably be checked by a doctor to ensure you have suffered no injuries, including internal injuries which are not readily apparent.

If you or a loved one has been seriously injured in an car or truck wreck, call an experienced Mississippi accident attorney to discuss your legal rights. 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.

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.