Accidents
DUI vehicle accidents most often lead to the serious injury or death of innocent victims. Shockingly, a third of the time those responsible for a DUI crash are repeat DUI offenders. In addition to representing injury and wrongful death clients in car and motorcycle accidents Coxwell & Associates also has a specialized focus in DUI accident lawsuits in Mississippi.
DUI Laws in Mississippi
DUI laws in Mississippi dictate that anyone operating a vehicle with a minimum blood alcohol level of .08 percent or while under the influence of a narcotic is “driving under the influence” (DUI). In these cases, the intoxicated driver is always liable for any damages; however, individuals may share negligence, such as those who supplied the driver with alcohol.
Civil Legal Action
In addition to the criminal charges that the liable party will face for driving under the influence of drugs or alcohol, the victim or victim’s family (in the case of wrongful death) can choose to file a civil lawsuit against the defendant to recover financial compensation for the consequences of his or her careless action.
If you or a loved one has been the victim of a DUI accident, especially if it caused an injury, you need a lawyer. File a DUI accident lawsuit with the help of Coxwell & Associates. We can help you, and your family, get the restitution to which you are entitled.
How to determine liability when the state does not have a dog bite statute …
If a state does not have a dog bite statute, that state is a “one-bite” state, like Mississippi. In one-bite states, legal responsibility is determined by the following principles:
- The first issue is whether the dog previously bit anyone. If so, then the dog owner / custodian is strictly responsible.
- If the answer is no, the second issue is whether the dog previously did something that should have put the owner / custodian on notice that the dog was inclined to bite somebody in the future.
- If that answer is no, we consider whether the person having custody of the dog at the time of the incident had violated any law pertaining to public health or safety, which was intended to protect people like the victim. An example would be a leash law, but there could be regulations such as those that restrict dogs from being in day care centers are beauty parlors. The violation of such a law would be considered “negligence per se.” In some states, the violation is not negligence per se but rather an alternate way of proving liability under the dog bite statute.
- If we cannot find negligence per se, we consider whether the accident was caused by negligence. For example, a dog that is habitually mistreated, or sick, or suffering from a painful disease is more likely to bite a person, even if the dog has never done so before. Negligence is a ground for liability in most but not all of the one bite states. Sometimes it is referred to as “premises liability” when the incident happens on the dog owner’s or custodian’s land.
- If the dog owner or custodian is not legally responsible, then we consider whether anyone else might be liable as a result of their negligence or knowledge of the dangerous propensity of the dog to bite people.
When the dog owner does not have insurance or resources …
If the dog owner is unable to compensate the victim because of lack of insurance or resources, attorneys consider whether anyone else might be responsible because of their own negligence. An example would be a landlord who knows that a dangerous dog is living with a renter, but fails to do anything to control the dog or its owner.
Do I Have a Dog Bite Lawsuit?
If you or a loved one has been bitten by a dog, please call Coxwell & Associates and have a free consultation with one of our lawyers.
Cell phones are perfect for emergencies and for staying in touch whenever and wherever we need to be in touch. But there is growing evidence that phones and driving don’t mix. With roads more crowded than ever and drivers seemingly more aggressive by the day, any distraction can lead to an accident, and cell phones definitely are a distraction.
A recent car accident caused by a driver distracted by a cell phone resulted in a $5.2 million settlement for the plaintiff. Debra was driving on an interstate highway when she was rear-ended by a sedan driven by an employee of International Paper Company. As a result of the collision, Debra had to have one of her arm’s amputated. Testimony showed that the driver who caused the crash was speeding and using her phone. In addition, the driver ignored her company’s cell-phone policy, which requires the use of hands-free headsets while driving.
A few common-sense safety rules can help us avoid accidents and save lives.
• If traffic is heavy, turn off your phone.
• Pull off the road before phoning.
• Use a hands-free type of phone.
• Save stressful, intense calls for home or office.
• If you must phone while driving, do so only when you can easily respond to traffic conditions.
The best advice about phoning and driving probably is the simplest: USE YOUR HEAD before you use your phone. If you or your loved ones have been injured by someone using a cell phone while driving, call the attorneys at Coxwell & Associates.
Each year in the United States more than 1,000 children die in swimming-related accidents, with approximately 33% of these deaths occurring in swimming pools. In the U. S. in 2000 over 3,400 people lost their lives in drowning accidents; this does not include people who drowned in boating accidents. These tragic fatalities are very painful for the families, and should not happen.
Near drownings can leave the victim with serious problems, including brain damage. A large amount of water, such as a pool, is not required to pose a drowning threat. Many drownings occur in locations with as little as 2 inches of water, such as:
- A bucket with water
- A sink
- A bath tub
- A toilet
- A puddle
A drowning or swimming-related accident is considered a premises liability lawsuit. The owner and operator of a swimming pool is responsible for any injuries sustained while on his or her property. Swimming accidents may occur because the owner was negligent and provided an unsafe environment. For example, children and adults should always have proper supervision while swimming, a fence with a working lock should surround the pool, and no one should ever swim while under the influence of drugs or alcohol.
If you or a loved one has been involved in a swimming pool or drowning accident in Mississippi, please contact a Swimming Pool Accident attorney at Coxwell & Associates.
At Coxwell & Associates, we get plenty of calls from clients after an accident. Most times, our clients don’t know what to do. To help our clients and potential clients, we have put together some ideas just in case you happen to be involved in an accident. Obviously it is hard to think clearly after a car accident so it is important to know before you get into an accident what to do first and what questions may need answered. This checklist will help you know what to do after a car accident. It is best to review it now and then print it out and keep a copy with you in your car.
Determine the Extent of Damage or Injuries
Try to stay calm. Panic can make others panic and the situation worse. There needs to be a calm person to determine the extent of damage and to determine if there are any injuries that need immediate medical attention
File a Car Accident Report with the Police
Even in a minor accident it is important to make sure there is a legal accident report. Do not leave the scene until the police file a full report.
Discuss the Car Accident Only with the Police
With everyone all shook up it can be hard not to talk about what just happened, but that can also lead to you not thinking clearly and accurately about what happened. It is important to limit your discussion of the accident and not to admit any fault or liability. You should talk about the accident with the police and your insurance agent only.
Get the Facts
This is the part most people know to do, but often forget to after the accident for one reason or another. It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don’t just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number.
Call you Insurance Agent…right after speaking with your attorney!
Call your agent or insurance company’s 800-number immediately, even at the scene with the police if possible. Sometimes the police officer can give your insurance company more accurate information rather than information you may not be recording properly because you are upset by the accident. This can save you a lot of time later waiting for your claim to be processed. You should also contact the other driver’s insurance company as well, especially if that driver is at fault.
Be careful what you say to your insurance company. Be honest and truthful with them at all times but remember, the insurance company is not your attorney and has no duty to keep your conversations private. Also keep in mind that your insurance company may not have your best interests at heart. Depending on the situation, you may want to consider calling Coxwell & Associates first.
If you, your loved one or friend ever get involved in an accident and need an attorney, do not hesitate to contact one of the attorneys at Coxwell & Associates.
You can contact us by using the form below or by dialing toll free 24 hrs/day (866) 879-3040
The term catastrophic injuries often refers to those injuries that happen suddenly and without warning as the result of an automobile accident, big rig accident, home or work-place explosion or burn. Catastrophic injuries usually are not easily healed or repaired and last the life-time of the person who is injured. Examples of catastrophic injuries are brain injuries, spinal cord injuries, permanent partial or total loss of the ability to work, severe third degree burns. Parents need to be especially careful when they have children in contact sports. Football injuries account for many serious brain and spinal injuries each year. Below is a partial listing of some serious catastrophic injuries:
- birth injuries resulting from medical negligence
- nerve damage or scarring resulting from third degree burns or electrocution
- spinal cord injuries that cause paraplegia, quadriplegia, nerve loss or chronic pain
- eye injuries that cause blindness
- head injuries that cause disability, coma or a vegetative state
- injuries that result in an amputation of a limb
- wrongful death
WHY ARE CATASTROPHIC INJURIES SO SERIOUS
Catastrophic injuries are so devastating to a person because of the fact that they last a life-time. These injuries can involve damage to multiple body systems and can destroy or serious limit the enjoyment of life. A person who sustains a catastrophic injury often needs life long care from professionals such as physicians, physical therapists, occupational therapist, nurses, and home health care workers. Life long injuries can place a tremendous strain on the marriage and on the family budget. Listed below are common places and ways that cause catastrophic injuries:
- construction accidents on the highway
- hit & run accidents
- accidents caused by drunk drivers
- boating accidents & off-shore accidents on oil rigs or boats
- semi-truck or commercial truck collision
- pedestrian accidents
- dangerous or defective consumer products
Do I Have a Catastrophic Injury lawsuit?
If you or a loved one has suffered a catastrophic injury, the attorneys at Coxwell & Associates, PLLC can help. Thier law firm has tremendous experience in the field of complex personal injury accidents and the lawyers offer a free confidential case evaluation.
Please use the form below to contact us or call toll free 24 hrs/day (866) 879-3040.
Business owners in Mississippi have a duty to keep their property or premises free from dangers and hazards that could harm users or consumers who come onto the property. This area of the law often involves slip and fall, trip and fall, other types of negligent maintenance of the property, and failure to provide safe premises. In high crime areas business often have a duty imposed by law to provide reasonable safety to customers who enter the property at the owner’s invitation. While business owners do not have to guarantee a visitor’s absolute safety, they are under a duty to take reasonable based on all the known facts.
Who Can Be Responsible
Any property owner, landlord, manager, business establishment or homeowner could be liable for harms and losses suffered by a visitor if the owner has knowledge of a dangerous condition that is not obvious to the visitor. One example could be a defective chair in an eating establishment that breaks and serious injures a customer. Another example might be a rotten board on a deck of an establishment that breaks and causes serious injury to a customer. Of particular concern to homeowners are dangerous dogs. Often homeowners keep dogs that are known to be dangerous or that have dangerous characteristics. If the dog bites and seriously injures a visitor, the homeowner’s insurance may be required to pay for the harms and losses.
Safety Should Be The Goal
Each property owner should take reasonable steps to insure that visitors are not exposed to dangerous conditions. One type of precaution might be the placement of a warning sign. Regular inspections and examinations should take place for any establishment that invites customers onto its property. Immediate repairs of any dangerous conditions on premises and/or warning signs should be erected.
Do I Have a Premise Liability Lawsuit?
If you have suffered a serious injury while on the property of a business or the property of another, allow our skilled and experienced attorneys to evaluate your case. We do not charge for our evaluations, even if that requires us to visit the premises, talk to witnesses, and make other investigations. If we accept your case we will work diligently to assure that you are adequately and reasonably compensation for the harms and losses you have suffered.
Please use the form below for a free confidential case evaluation or call toll free 24 hrs/day (866) 879-3040.
Approximately every 16 minutes a person is injured or killed in an accident involving a commercial truck, or what we all call an 18 wheeler or Big Rig. The statistics from governmental agencies show that large trucks are also more likely to be involved in accidents with several vehicles at the same time. Most fatal trucking accidents happen in rural areas during the daytime or during the weekend when more automobiles are on the road.
Each year more and more 18 wheelers are entering and using the roads and highways. By the year 2015 trucking revenues are expected to reach close to a trillion dollars. While Federal agencies place restrictions on how many hours a trucker can drive per week, trucking companies also place many demands on truck drivers to get loads delivered as quickly as possible. The demands placed on big truck drivers by large companies often lead to increased safety hazards for the operator of passenger motor vehicles. For example, in about 27% of all big truck accidents across the United States the operators of the trucks had at least on speeding ticket. Fatigue of the big truck drivers is another very common cause of accidents passenger cars and 18 wheelers.
WHEN A TRUCKING ACCIDENT DOES OCCUR, WHAT SHOULD YOU DO
Trucking companies are often large national or multi-national corporations. Federal regulations require 18 wheelers that cross state boundaries to maintain liability insurance coverage. Insurance adjusters for the large insurance companies are very frequently aggressive and persistent. They know the importance of getting to the accident scene quickly so that evidence can be collected and preserved. The adjusters also know that people who suffer harms and losses due to the negligence of big truck drivers are often vulnerable and in need of money to pay their medical bills. If you are injured in an accident with a 18 wheeler and suffer serious injuries, you need the aid of experienced injury attorneys.
Accident cases are never easy. Insurance companies can delay the payment of claims or deny liability in order to make it more difficult for the injured individual. Generally, an experienced attorney can investigate the facts, file a civil action, and push the case toward a trial so an award of compensation can be made to the injured party. The attorneys at Coxwell & Associates, PLLC offer a free consultation if you have been injured in an accident with a 18 wheeler, a big truck, or other commercial vehicle. We will actively investigate your case by going to the accident scene, talking with all the eye witnesses, getting any law enforcement reports, and filing a civil lawsuit immediately if the insurance company will not promptly treat you fairly. Our attorneys are seasoned, experienced attorneys when it comes to presenting a case to a jury or negotiating with insurance adjusters on behalf of our clients. In the last 15 years our attorneys have obtained settlements worth millions of dollars on behalf of clients who have been injured or hurt.
If you have been injured let us work for you …
You can contact the Big Truck attorneys at Coxwell & Associates for a free consultation by completing the online evaluation form below.
Secure 128-bit SSL Encrypted Email Communication
